No, vaping while driving is not explicitly prohibited statewide in Massachusetts. There is currently no specific Massachusetts law that makes it illegal for adults to vape (use e-cigarettes) while operating a motor vehicle. However, several important legal considerations and restrictions apply:
Key Legal Points
- Distracted Driving Laws Apply: While vaping itself is not specifically banned while driving, if vaping distracts you or impairs your ability to operate the vehicle safely, you could be cited under general distracted or reckless driving laws. For example, if a cloud of vapor obstructs your vision or you take your hands off the wheel, law enforcement may issue a citation for unsafe driving.
- Smoking/Vaping with Minors in the Car: Massachusetts law prohibits smoking or vaping in vehicles when there are passengers under 18 years old. This is a direct ban and applies regardless of whether the vehicle is moving or parked.
- Local Ordinances: Some cities or towns may have additional restrictions, but there is no statewide law that outright bans vaping while driving for adults.
- Possession of Illegal or Untaxed Vaping Products: If you are found in possession of untaxed or illegal vaping products (such as flavored nicotine vapes banned in Massachusetts), you could face severe penalties-including the potential seizure and forfeiture of your vehicle. Always ensure your vaping products are legal and properly taxed in Massachusetts.
Table
| Situation | Is It Prohibited? | Notes |
|---|---|---|
| Vaping while driving (adults, legal products) | No (not explicit) | Could be cited for distracted driving if unsafe |
| Vaping with passengers under 18 | Yes | Explicitly prohibited statewide |
| Vaping with illegal/untaxed products | Yes | Severe penalties, including possible vehicle forfeiture |
Vaping while driving is generally not prohibited by a specific law in Massachusetts for adults using legal products. However, if it causes distraction or impairs your driving, you can be cited under existing traffic laws. Vaping is strictly banned in vehicles with minors present, and possession of illegal or untaxed vaping products can result in harsh penalties, including forfeiture of your car. Always check for local ordinances and ensure your products are legal and taxed.
Sources
[1] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/ma
[2] https://getpotency.com/what-you-need-to-know-about-vape-laws-in-massachusetts/
[3] https://www.mass.gov/guides/2019-tobacco-control-law
[4] https://www.podsalt.com/blog/post/are-you-risking-your-license-by-vaping-in-the-car
[5] https://d8superstore.com/is-it-illegal-to-vape-and-drive