Vaping while driving is a growing concern, especially when it comes to protecting children from secondhand aerosol exposure. Louisiana law addresses this issue directly.
Louisiana State Law on Vaping in Vehicles
- Vaping With Children in the Car Is Illegal: In Louisiana, it is illegal for the driver or any passenger to vape (use any vaping device) in a motor vehicle if a child under the age of 13 is present. This law applies regardless of whether the vehicle’s windows are open or closed.
- Definition of “Vaping”: The law defines “smoke” to include inhaling, exhaling, burning, or carrying any activated aerosol or vapor from a vaping device, as well as traditional tobacco products.
- Primary Offense: Law enforcement officers can stop a vehicle solely for observing someone vaping in violation of this law. Probable cause is based on an officer’s clear and unobstructed view.
- Penalties: Violating this law can result in a $150 fine per offense or, at a judge’s discretion, at least 24 hours of community service.
- Nonmoving Violation: This is considered a nonmoving violation and will not appear on your driving record.
Vaping in Other Situations
- No Statewide Ban for Adults Alone: If there are no children under 13 in the vehicle, Louisiana law does not prohibit adults from vaping while driving.
- Municipal Ordinances: Some Louisiana cities and parishes may have additional restrictions on vaping in public places or vehicles, so always check local laws.
Summary Table
| Situation | Is Vaping Illegal? | Penalty |
|---|---|---|
| Vaping in vehicle with child under 13 present | Yes | $150 fine or 24 hrs community service |
| Vaping in vehicle with only adults (13+) | No (statewide) | None (statewide) |
In Louisiana, it is illegal to vape in a vehicle if a child under 13 is present. If you are driving alone or only with older passengers, there is no statewide law prohibiting vaping and driving, but always check for local ordinances.
Sources:
- https://www.legis.la.gov/legis/Law.aspx?d=408739
- https://press-herald.com/new-louisiana-laws-tighten-restrictions-on-vaping-while-driving-expands-access-to-medical-marijuana/
- https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/la
- https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-32-sect-300-4/