With vaping becoming more common among drivers, many Colorado residents wonder whether it’s legal to vape while behind the wheel. The answer isn’t as straightforward as a simple yes or no.
Whether you’re using nicotine, cannabis, or just flavored vape juice, the legality depends on what you’re vaping and how it affects your driving. Let’s break down what Colorado law really says about vaping while driving.
Is Vaping While Driving Legal in Colorado?
In most cases, vaping while driving is not outright illegal in Colorado if you’re using a nicotine-based or flavored vape product. However, just because it’s legal doesn’t mean it’s always safe or smart. If your vaping distracts you or affects your ability to drive safely, you could still get in trouble for distracted or careless driving.
Vaping Cannabis While Driving Is Illegal
Colorado has legalized recreational marijuana use for adults, but that does not mean you can use it in the car. According to Colorado Revised Statute 42-4-1305.5, it is illegal to consume marijuana in any form while driving, including vaping.
If you are caught vaping marijuana while driving, you could face charges such as:
Open container violations
Driving under the influence (DUI)
Possession of marijuana in a vehicle
Even if you’re a medical marijuana patient, you cannot legally use marijuana (including vape pens) while operating a vehicle.
What About Passengers Vaping in the Car?
Passengers can legally vape nicotine or flavored products while in the car unless local ordinances say otherwise. However, passengers are not allowed to vape cannabis inside a vehicle, even if the driver isn’t using it. That could still result in the driver facing legal consequences if it appears that cannabis is being consumed in the car.
Underage Vaping and Driving
Colorado law strictly bans the use of vape products by anyone under 21. If a driver under 21 is caught vaping—regardless of what’s in the vape—they could face legal penalties, including:
Fines
License suspension
Community service
Mandatory tobacco education programs
Law enforcement may also charge an underage driver with possession of tobacco or vaping products, even if the device contains only flavored vapor and no nicotine.
Can Vaping Be Considered Distracted Driving?
Yes. If you’re seen handling a vape device, blowing large clouds that block your vision, or paying more attention to vaping than to the road, you could be pulled over for distracted driving.
Colorado’s distracted driving laws focus mainly on cellphone use, but officers can still issue tickets if they believe your vaping is interfering with your ability to drive safely. This is especially true if vaping leads to reckless behavior, like swerving, speeding, or missing traffic signals.
Are There Any Local Restrictions?
Some Colorado counties and cities may have their own rules about vaping in public or inside vehicles. For example, local smoking ordinances sometimes extend to vaping, especially in school zones or near public buildings. It’s always a good idea to check local regulations to stay on the safe side.
In Colorado, vaping while driving is not always illegal, but it depends on the substance and context. Nicotine or flavored vapes may be allowed, but vaping cannabis is strictly banned and could lead to DUI charges.
Underage vaping and distracted driving can also bring legal trouble. So even if you’re legally allowed to vape, it’s best to do it when you’re not driving. Focus on the road—your safety and your record depend on it.
