Vaping is becoming more and more popular, especially among young adults. Many people vape while walking, relaxing at home, or even while driving. But what happens if you’re caught vaping behind the wheel in Maryland? Is it legal, or could it get you in trouble?
In this article, we’ll break down what Maryland law says about vaping while driving, who it applies to, and when vaping in the car can cross the legal line.
What Is Vaping?
Vaping is the act of inhaling vapor using an electronic cigarette or vape pen. These devices heat up a liquid (usually containing nicotine, flavourings, or sometimes cannabis products) and produce a cloud of vapor that you inhale.
While vaping is legal for adults in Maryland, that doesn’t mean you can do it anywhere — especially when driving.
Is It Illegal to Vape and Drive in Maryland?
No, vaping while driving is not directly illegal in Maryland — if you’re an adult and the vape product is legal. There is no state law that clearly bans vaping while operating a vehicle. So technically, adults can vape while driving.
But that doesn’t mean you’re in the clear. In some situations, vaping while driving can still lead to legal trouble, especially if it distracts you or involves banned substances.
When Vaping While Driving Can Be Illegal
Even though vaping is not outright banned in the car, how and what you vape matters a lot. Here are some situations where vaping while driving in Maryland could get you in trouble:
If You’re Distracted
If a police officer sees you vaping in a way that affects how you drive — like blowing huge clouds of smoke that block your view, using your hands too much, or not paying attention — you could be pulled over for distracted driving.
Maryland has strict rules about distracted driving, especially for young drivers. If vaping is causing you to drive carelessly or unsafely, it could lead to a fine or warning.
If You’re Under 21
It’s illegal for anyone under 21 to use nicotine vaping products in Maryland. If you’re underage and caught vaping, even as a passenger, you can face penalties, fines, or have your vape device confiscated.
If You’re Using Marijuana Vape Products
While Maryland allows recreational marijuana use for adults 21 and older, driving under the influence of marijuana — including THC vape pens — is illegal. If police suspect you’re high while driving, you can be arrested for DUI.
This applies even if you have a medical cannabis card. The law does not allow driving while impaired by THC in any form, including vapes.
If You Have Minors in the Car
Vaping in a car with a child under the age of 8 could be considered harmful or irresponsible. While Maryland law does not currently ban this specifically, other states have introduced similar laws, and future laws in Maryland may follow.
Even without a specific ban, if an officer believes you’re putting a child’s health at risk, you could face consequences under child endangerment or health and safety laws.
Are There Any Local Bans?
Some counties or cities in Maryland may have their own rules about smoking or vaping in certain public places — but these usually apply to indoor public areas, not private vehicles.
Still, if you’re driving near schools, hospitals, or government buildings, it’s smart to be cautious. Always check local rules if you’re unsure.
What About Vaping While Parked?
If you’re not driving and your car is parked safely, vaping is generally allowed, as long as you’re not breaking any other laws — like underage vaping or using illegal substances. However, parked doesn’t mean “pulled over on the side of a busy highway,” which can still be dangerous.
Vaping while driving in Maryland is not directly illegal, but it can still land you in trouble depending on your age, what you’re vaping, and how it affects your driving. If vaping distracts you or involves marijuana products, you could face serious penalties, including DUI charges.
