It is not illegal for adults to vape while driving in Oregon-unless certain conditions apply. There is no statewide law that specifically prohibits an adult from using a vape or e-cigarette while operating a motor vehicle, provided no other laws are violated.
Key Restrictions
- If a Minor Is Present:
It is illegal to vape (use an “inhalant delivery system”) in a motor vehicle if anyone under 18 years old is present. This is a Class D traffic violation for a first offense and a Class C violation for subsequent offenses. Law enforcement can only enforce this if you are stopped for another traffic violation or offense. - Distracted Driving Laws:
Oregon has strict distracted driving laws. While these laws are primarily aimed at mobile electronic device use (like texting or holding a phone), any activity that distracts you from driving-including vaping-could potentially result in a citation if it leads to unsafe driving behavior. However, vaping itself is not specifically listed as a prohibited distracted driving activity. - Other Prohibitions:
- You cannot use vapor products in certain public places, including within 10 feet of entrances, exits, windows, or ventilation intakes of enclosed areas.
- Vaping is prohibited on school grounds and in child care facilities.
Table
| Situation | Is It Legal to Vape and Drive? |
|---|---|
| Adult, no minors in car | Yes, legal |
| Minor (under 18) present in vehicle | No, illegal (traffic violation) |
| While driving distracted (unsafe) | Could be cited for distracted driving |
| In public places/child care/schools | No, illegal |
Penalties
- First offense (vaping with minor present): Class D traffic violation.
- Second or subsequent offense: Class C traffic violation.
- Distracted driving (if cited): Fines up to $1,000 for a first offense, higher for repeat offenses or if a crash occurs.
- Adults can legally vape and drive in Oregon as long as there are no minors in the vehicle and it does not cause dangerous or distracted driving.
- Never vape in a car with someone under 18 present-this is illegal and subject to fines.
- Always drive safely: If vaping distracts you or impairs your ability to drive, you could be cited under distracted driving laws.
When in doubt, prioritize safety and be aware of who is in your vehicle.
Sources
[1] https://casaa.org/get-involved/state-locator/oregon/
[2] https://olis.oregonlegislature.gov/liz/2025R1/Downloads/MeasureDocument/HB3559/Introduced
[3] https://www.oregon.gov/oha/PH/DISEASESCONDITIONS/CHRONICDISEASE/HPCDPCONNECTION/Documents/TobaccoLaws.pdf
[4] https://kcby.com/news/local/oregon-lawmakers-statewide-ban-flavored-nicotine-products-vape-tobacco-menthol-cigarettes-sale-money-politics-health
[5] https://codes.findlaw.com/or/title-59-oregon-vehicle-code/or-rev-st-sect-811-193/