Is Vaping and Driving Illegal in Tennessee? (2025 Guide)
From the bustling streets of Nashville to the scenic byways of the Great Smoky Mountains, Tennessee drivers often have questions about what is and isn’t permissible behind the wheel. With the rise of vaping and ongoing discussions about distracted driving, many wonder: is it legal to vape or smoke while driving in the Volunteer State? The answer is nuanced. This guide provides a detailed breakdown of Tennessee’s laws regarding vaping and driving, ensuring you know your rights and responsibilities on the road.
Is It Illegal to Vape or Smoke While Driving in Tennessee?
For adults aged 21 and over, it is generally legal to smoke or vape ordinary tobacco or nicotine products while driving a privately owned vehicle in Tennessee. However, this legality is conditional. It becomes illegal if the vehicle is state-owned or being used for child-care transport. Furthermore, any activity, including vaping or smoking, that distracts you or impairs your ability to safely control your vehicle can lead to a traffic citation under broader “due care” or distracted driving laws.
Understanding the Vaping Rules in Tennessee
Tennessee’s approach to this issue is primarily governed by its Non-Smoker Protection Act, specific vehicle regulations, and general traffic safety laws.
The Non-Smoker Protection Act and Private Vehicles
Tennessee’s Non-Smoker Protection Act bans smoking in most enclosed public places and workplaces to protect the public from secondhand smoke. However, the law, as outlined in Tenn. Code § 39-17-1804(8), explicitly exempts private motor vehicles. This is the primary reason why smoking or vaping in your own car is generally permitted for adults.
There are, however, important exceptions to this exemption:
- Government Vehicles: Smoking and vaping are prohibited at all times in any state-owned, leased, or operated vehicles, as per Tenn. Code § 4-4-121(b).
- Child-Care Transport: The private vehicle exemption is lost if the vehicle is being used for the public transportation of children or as part of a child-care or day-care service. In these situations, smoking and vaping are banned while children are on board.
The Child Passenger Question: A Legislative Gap
A notable gap in Tennessee law is the absence of a specific ban on smoking or vaping in a private family car with children present. In 2019, lawmakers introduced bills (HB 1456 / SB 301) that would have prohibited smoking or vaping in any vehicle containing a child who is in, or required to be in, a child safety seat. These bills proposed penalties starting with a warning for a first offense and escalating to a $50 fine for subsequent violations, with the violation being a secondary offense.
However, these bills failed to pass into law and died in committee. As a result, Tennessee remains one of the states without a specific law protecting children from secondhand smoke exposure in all private vehicles. This is particularly concerning given Tennessee’s above-average adult smoking rate (18.5% vs. 14.0% nationally) and e-cigarette usage rate (10.8% vs. 7.7% nationally). Twelve other states, including neighbors like Alabama, Arkansas, and Virginia, have enacted such protections.
Under-21 Tobacco and Vaping Rules Still Apply
While adults can legally vape in their cars, the same does not apply to those under the legal age. Anyone under 21 cannot legally possess or use tobacco, vaping devices, or smokeless nicotine products anywhere in Tennessee, including within a vehicle. A violation of Tenn. Code § 39-17-1505(a) is a civil offense that carries a small fine ($10-$50) and requires the confiscation of the product.
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Distracted Driving and Other Potential Violations
Even when technically legal, the act of smoking or vaping while driving can still lead to a traffic citation if it compromises safety.
“Due Care” and Distracted Driving Statutes
Although Tennessee’s “Hands-Free Law” (Tenn. Code § 55-8-199) primarily targets the use of handheld cell phones, the principles of distracted driving can be applied more broadly. Tennessee law requires drivers to exercise “due care” and devote their full time and attention to driving. If an officer observes that the act of lighting a cigarette, handling a vape device, or being enveloped in a cloud of smoke or vapor has caused a driver to lose control or drive erratically, they could issue a citation for distracted or careless driving.
Research has shown that smoking-related behaviors are a significant distraction. One study found that cigarette smokers experience an average of 12.0 seconds of distraction, which is even longer than the 10.6 seconds of distraction caused by cell phone use – an activity already banned by Tennessee’s Hands-Free law. This data suggests a strong safety argument for avoiding smoking or vaping while driving.
Marijuana and Hemp-Derived THC: A Separate and Illegal Matter
It is crucial to distinguish between legal nicotine/tobacco products and cannabis. Tennessee law is strict regarding driving under the influence of any intoxicant. Vaping or smoking marijuana or any intoxicating hemp-derived THC product while driving is illegal. Tennessee treats any impairment from these substances the same as alcohol, and driving “under the influence” is a serious DUI offense under Tenn. Code § 55-10-401(a). This can lead to severe penalties, including jail time, fines, and license suspension, even for a first offense.
Summary of Tennessee’s Vaping and Driving Rules
To provide a clear picture, the table below summarizes the key aspects of vaping and smoking while driving in Tennessee as of 2025:
| Situation | Is Smoking / Vaping Allowed? | Legal Basis and Considerations |
|---|---|---|
| Driving a Private Car (Driver ≥ 21, no child-care use) | Yes. Private motor vehicles are exempt from the state smoking ban. | Tenn. Code § 39-17-1804(8)1. Still subject to distracted driving laws. |
| Driving a State-Owned or Leased Vehicle | No. Smoking/vaping is prohibited at all times. | Tenn. Code § 4-4-121(b)2. |
| Vehicle Used for Day-Care Transport | No. The private vehicle exemption is lost when used for child-care transport. | Tenn. Code § 39-17-1804(8)1. |
| Smoking/Vaping with a Child Passenger (Private Car) | Currently Legal Statewide. | Bills to ban this (HB 1456/SB 301) have been introduced but never enacted3. |
| Driver or Passenger is Under Age 21 | No. Possessing or using tobacco or vapor products is a civil offense. | Tenn. Code § 39-17-1505(a)4. |
| Vaping or Smoking Cannabis/THC | Illegal. | Considered Driving Under the Influence (DUI) under Tenn. Code § 55-10-401(a)5. |
| Any Smoking/Vaping that Impairs Safe Driving | No. Can be cited as a violation. | General “due care” and distracted driving statutes apply (e.g., Tenn. Code § 55-8-199)6. |
Conclusion: Legal to Vape, But Safety is Paramount
In conclusion, while Tennessee state law does not explicitly prohibit adults aged 21 and over from vaping or smoking legal nicotine products while driving their own private vehicles, this legality is not absolute. For all drivers, the most responsible and safest approach is to avoid smoking or vaping while behind the wheel entirely. This eliminates any potential legal risks under distracted driving statutes and, more importantly, ensures your full attention is dedicated to the road, protecting yourself, your passengers, and everyone else sharing Tennessee’s highways.
| Smoking / Vaping in the car with Kids | ||||
|---|---|---|---|---|
| Alabama | Alaska | Arizona | Arkansas | California |
| Colorado | Connecticut | Delaware | Florida | Georgia |
| Hawaii | Idaho | Illinois | Indiana | Iowa |
| Kansas | Kentucky | Louisiana | Maine | Maryland |
| Massachusetts | Michigan | Minnesota | Mississippi | Missouri |
| Montana | Nebraska | Nevada | New Hampshire | New Jersey |
| New Mexico | New York | North Carolina | North Dakota | Ohio |
| Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina |
| South Dakota | Tennessee | Texas | Utah | Vermont |
| Virginia | Washington | West Virginia | Wisconsin | Wyoming |
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