Is It Illegal to Vape and Drive in Indiana? Here’s What the Law Says

Is It Illegal to Vape and Drive in Indiana Here's What the Law Says

Vaping while driving in Indiana is not explicitly illegal under current state law. There is no statute that directly prohibits adults from using e-cigarettes or vape devices while operating a motor vehicle. However, several important legal considerations apply:

  • Age Restrictions: Indiana law prohibits anyone under 21 from possessing or using e-cigarettes or vaping products, even those without nicotine. If you are under 21, it is illegal to vape at any time, including while driving.
  • THC and Controlled Substances: Vaping products containing THC (more than 0.3%) are illegal for all ages in Indiana. Possession or use of such products—including while driving—can result in criminal charges similar to marijuana possession.
  • Distracted Driving: Indiana has a strict hands-free law for mobile devices, making it illegal to hold or use a phone while driving1. While this law does not specifically mention vaping devices, any activity that distracts you from driving—such as fiddling with a vape device—could potentially lead to a citation for distracted or reckless driving if it interferes with your ability to operate the vehicle safely.
  • Local Ordinances: Some Indiana cities, such as Indianapolis, have local bans on vaping in certain public places, but there is no statewide law banning vaping in private vehicles.

For adults over 21, vaping and driving is not specifically prohibited in Indiana, but it is illegal for those under 21 to vape at any time. Using a vape device should not distract you from driving, as distracted driving laws could apply.

Vaping THC or marijuana products is strictly illegal and can lead to serious charges. Always check for local ordinances and remember that laws may change, especially with pending legislation that could further restrict vaping in Indiana in the future.

Sources

  1. https://beckerlaw.com/blog/new-rule-of-the-road-for-indiana/
  2. https://vapingecho.iu.edu/resources/downloads/TEENS%20AND%20E%20Cigarettes%20legal%20issues%20(final-ish).pdf
  3. https://www.in.gov/health/tpc/indianas-state-smoke-free-air-law/
  4. https://mipod.com/blogs/mipodblog/indiana-vape-bans-overregulation-what-you-need-to-know
  5. https://en.wikipedia.org/wiki/List_of_vaping_bans_in_the_United_States