Is It Illegal to Vape/Smoke and Drive in California?

For motorists in the California, the answer to “Is it illegal to vape and drive?” is not a simple yes or no. The legality depends heavily on three key factors: the age of your passengers, the substance you are consuming, and whether your actions are distracting you from safely operating the vehicle. This guide provides an in-depth look at California’s laws regarding vaping and driving as of mid-2025, unpacking the statutes, enforcement realities, and crucial exceptions you need to know to stay safe and compliant on the road.

Vaping and Smoking with Minors Present is Illegal

The most important and explicit law regarding smoking and vaping in a vehicle in California is designed to protect children from secondhand smoke and aerosol exposure. Under California Health and Safety Code § 118948, it is illegal to smoke a tobacco product in a motor vehicle, whether in motion or at rest, when a person under 18 years of age is present. This law is unequivocal and applies to both the driver and any passengers in the vehicle.

Crucially, the law’s definitions are broad to ensure comprehensive coverage. The definition of “tobacco product” explicitly includes electronic smoking devices, and “smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, as defined in Business and Professions Code § 22950.5. This means the prohibition applies equally to:

Traditional cigarettes, cigars, and pipes.
Electronic cigarettes, vape pens, mods, and other vaping devices.

A violation of this law is an infraction punishable by a fine not exceeding one hundred dollars ($100) for each violation. It is important to note that this is a secondary offense, meaning a police officer cannot pull you over solely for this violation. However, if you are stopped for a primary traffic violation (such as speeding or a broken taillight), an officer can then issue an additional citation for this secondary offense.

General Vaping and Smoking While Driving for Adults

For adults aged 21 and over who are driving alone or with other adults (no minors present), there is no specific California law that explicitly prohibits the act of vaping a nicotine product or smoking a traditional cigarette while driving. However, this legality comes with significant caveats related to distracted driving.

Potential Distracted Driving Violations

While vaping or smoking itself isn’t banned for adults driving alone, the act of doing so could lead to a citation under California’s distracted or reckless driving laws if it impairs your ability to safely operate the vehicle. California’s distracted driving laws are broad, and while they primarily target handheld electronic devices like cell phones, the principle of avoiding distraction applies to any activity that compromises safety.

A law enforcement officer has the discretion to issue a citation if they determine that your vaping or smoking behavior contributed to unsafe driving. Examples of distraction could include:

Taking your hands off the wheel for an extended period to light a cigarette or handle a vape device.
Looking away from the road to find, refill, or adjust your device.
Exhaling a large vapor or smoke cloud that temporarily obstructs your vision through the windshield, which could be a violation of Vehicle Code § 26708.
Reacting to dropped hot ash or a spilled e-liquid container, causing you to swerve or drive erratically.

If your actions are deemed to show a “willful or wanton disregard for the safety of persons or property,” you could be cited for Reckless Driving under Vehicle Code § 23103, which is a misdemeanor carrying much more severe penalties than a standard traffic infraction.

Marijuana-Specific Vaping and Smoking Restrictions

It is critically important to distinguish between vaping nicotine and vaping or smoking cannabis. While recreational marijuana is legal for adults 21 and over in California, its consumption in vehicles is strictly prohibited.

Consumption Ban: California Vehicle Code § 23221(a) makes it an infraction for a driver to “smoke or ingest marijuana or any marijuana product while driving a motor vehicle.” This applies to both drivers and passengers.
Open Container Law: Vehicle Code § 23222(b) makes it an infraction, punishable by a $100 fine, for a person to possess an open container or package of cannabis or cannabis products while driving or riding in a motor vehicle.
Driving Under the Influence (DUI): Driving “while under the influence of any drug,” including marijuana, is a DUI under Vehicle Code § 23152(f). This is a criminal offense with severe penalties, including potential license suspension, substantial fines (from $390 to $1,000 for a first offense), and possible jail time.

The message from California law is unequivocal: it is illegal to consume cannabis in any form (smoking, vaping, edibles) while in a vehicle, and it is illegal to drive while impaired by cannabis.

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Summary of California’s Vaping and Driving Laws

To provide a clear overview, the legality of vaping and smoking while driving in California can be summarized as follows:

Situation	Is it Legal to Vape/Smoke While Driving?	Relevant Laws & Considerations
Adult (21+) Driving Alone or with Other Adults	Yes (for nicotine/tobacco products)	Legal, but subject to distracted driving laws (e.g., Reckless Driving, VC § 23103). Avoid actions that impair safe driving.
Driving with a Minor (Under 18) Present	No, Illegal	Prohibited under HSC § 118948. This is a secondary offense with a fine up to $100. Applies to both smoking and vaping.
Vaping or Smoking Marijuana While Driving	No, Illegal	Considered an infraction under VC § 23221 and subject to DUI laws if impaired (VC § 23152(f)).
Passenger Vaping/Smoking Marijuana in a Moving Vehicle	No, Illegal	Prohibited under VC § 23221.

Conclusion:

In summary, while California state law does not explicitly prohibit adults from vaping or smoking nicotine products while driving alone or with other adults, these activities exist in a legal gray area governed by broader traffic safety statutes.

The safest and most responsible approach for all California motorists is to avoid smoking or vaping while driving altogether. This not only eliminates any potential legal risks under distracted driving statutes but also helps ensure the safety of yourself, your passengers, and other road users. Given the ongoing evolution of public health perspectives and traffic laws, it is always wise to prioritize focus and safety behind the wheel.

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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.