General Legality of Vaping While Driving
- There is no Virginia law that specifically prohibits vaping while driving for adults. If you are 21 or older and vaping a legal product, you are not breaking any state law simply by vaping and driving.
Key Restrictions and Exceptions
- Vaping with Minors in the Car:
Virginia law makes it illegal to smoke in a vehicle with a minor under 15 present, punishable by a $100 civil penalty. The law defines “smoke” as using any lighted smoking equipment, but does not explicitly mention vaping or e-cigarettes. However, some interpretations and enforcement practices may treat vaping similarly to smoking, especially as public health guidance increasingly views vaping and smoking as comparable in enclosed spaces. For absolute legal safety, avoid vaping in a vehicle with children present. - Vaping by Minors:
It is illegal for anyone under 21 to purchase, possess, or use vaping products in Virginia. Penalties for underage possession or use can include fines and mandatory educational programs. - Vaping in Prohibited Areas:
Vaping is banned in certain public places like schools, school buses, and during school activities. These restrictions do not directly apply to private vehicles unless they are on school property. - Distracted Driving:
While vaping itself is not banned, any behavior that distracts you from driving-such as handling a vape device-could lead to a citation for distracted driving if it impairs your ability to operate the vehicle safely. If vaping leads to an accident or is deemed a distraction, you could face legal consequences under Virginia’s distracted driving laws.
Upcoming Changes
- Product Restrictions:
Beginning December 31, 2025, only vaping products listed in a state directory will be legal for retail sale in Virginia. This affects what can be sold, not personal use while driving.
Summary Table: Vaping and Driving in Virginia
| Situation | Legal? | Notes |
|---|---|---|
| Adult vaping while driving | Yes | No law prohibits, but avoid distractions |
| Vaping with minor under 15 in car | Not clearly illegal | Law bans “smoking,” not explicitly vaping; caution advised |
| Under 21 vaping while driving | No | Illegal for minors to possess/use vape products |
| Vaping in school zones or buses | No | Prohibited |
| Vaping causes distracted driving | No | Can be cited if it impairs safe driving. |
- It is not illegal for adults to vape and drive in Virginia, unless vaping causes distracted driving or you are in a prohibited situation (such as with a minor under 15, depending on interpretation).
- Minors are prohibited from vaping at all times, including while driving.
- Always avoid vaping in situations where it could be seen as a distraction or where minors are present to ensure compliance with the law.
Sources
[1] https://law.lis.virginia.gov/vacodeupdates/title59.1/section59.1-293.20/
[2] https://virginiarules.org/varules_topics/alcohol-tobacco-and-marijuana/
[3] https://www.williamsmullen.com/insights/news/legal-news/2024-virginia-general-assembly-new-alcoholic-beverage-control-and
[4] https://law.lis.virginia.gov/vacode/title59.1/chapter23.2/section59.1-293.16/
[5] https://www.vanorml.org/2025_legislation
