Many people enjoy vaping as an alternative to smoking, but when it comes to vaping while driving, the rules can get confusing. If you’re in California, it’s important to understand what the law says so you don’t get into trouble.
Whether you’re a regular driver, a teen with a new licence, or a passenger, knowing these rules can help you stay safe and avoid fines.
What is Vaping?
Vaping is the act of inhaling vapour using an electronic cigarette or vape pen. These devices heat a liquid (usually with nicotine and flavouring) to produce a vapour that is then inhaled. Though vaping is often seen as less harmful than smoking cigarettes, it still comes with its own risks, especially when you’re on the road.
Is It Illegal to Vape While Driving in California?
In simple words, vaping while driving is not completely illegal in California, but there are some important rules and limits. It depends on who is in the car and what kind of driver you are.
If You Are Driving Alone
If you’re an adult (21 years or older) and alone in your vehicle, the law does not stop you from vaping while driving. However, it’s still not a good idea to do it. Taking your hands off the wheel or your eyes off the road to vape can distract you and lead to accidents. In such cases, you could be charged with distracted driving.
If You Have a Minor (Under 18) in the Car
This is where the law becomes strict. In California, it is illegal to smoke or vape in a vehicle if a minor (anyone under 18) is present. This rule is clear and applies to all types of smoking, including vaping. If caught, the driver can face a fine of up to $100.
This law is meant to protect children from secondhand smoke and vapour, which can be harmful to their health, especially in the closed space of a car.
If You Are a Teen Driver
Teen drivers under 21 years old are not allowed to buy, use, or possess vaping products in California. If you’re caught vaping while driving (or even having a vape pen in your car), you could face serious penalties including fines, license restrictions, or even required classes.
What About Vaping Medical Marijuana?
In California, medical marijuana is legal for those with a valid prescription. But vaping marijuana while driving is not allowed—it’s treated the same as drinking alcohol. Even if you have a prescription, using cannabis in any form while driving or riding in a vehicle is against the law.
Can Passengers Vape in a Moving Car?
If there are no minors in the vehicle and the driver agrees, passengers can legally vape in the car. However, this can still distract the driver and reduce visibility if the vapour fills the vehicle, which may be dangerous. It’s always better to avoid vaping while the car is in motion.
What Happens If You Get Caught?
If you break any of these rules, you might be fined or face legal action. For example, if you’re caught vaping with a child in the car, you can be fined $100. For teens, penalties can include court-ordered classes or licence delays.
Police may also give you a distracted driving ticket if they believe vaping made you lose focus while driving. This ticket can lead to higher insurance rates and more penalties if it causes an accident.
While vaping itself is not fully banned inside a car in California, you must follow specific rules. If you have kids in the car or are underage, it’s better not to vape at all.
Even adults should be careful, as distracted driving can be dangerous and lead to serious consequences. Always make safety a priority and avoid vaping when you’re behind the wheel.
