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

Wyoming, a state celebrated for its wide-open spaces and a strong sense of personal liberty, has a unique legal landscape when it comes to smoking and vaping while driving. While there is no explicit state law banning the act of smoking or vaping in a private vehicle for adults, the state’s broader traffic safety and littering laws can still lead to significant penalties. This guide provides an in-depth look at Wyoming’s laws regarding vaping and driving, unpacking the statutes, enforcement realities, and crucial exceptions you need to know.

Is Vaping or Smoking While Driving Legal in Wyoming?

Yes, for adults driving alone or with other adults, there is no specific state law in Wyoming that explicitly prohibits the act of smoking a traditional cigarette or vaping a nicotine product while operating a private vehicle. The state’s comprehensive restrictions on texting while driving do not extend to these activities. However, this legality is conditional and comes with several important caveats related to distracted driving, littering, and the presence of minors.

The Primary Legal Risks: Distracted Driving and Littering

While the act of smoking or vaping itself isn’t banned, the consequences of that act can lead to legal trouble. Law enforcement in Wyoming focuses on observable safety violations rather than the behavior itself.

Wyoming’s distracted driving laws could potentially apply if smoking or vaping significantly impairs your ability to drive safely. While Wyoming’s primary distracted driving law targets texting, broader statutes like Wyoming Statute 31-5-236 (Careless Driving) can be applied. This law covers driving “inconsistent with the exercise of due and diligent care” that creates an “unreasonable risk of harm.”

A police 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 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.
• Reacting to dropped hot ash or a spilled e-liquid container.

The most concrete and frequently enforced penalty related to smoking while driving in Wyoming is not for smoking itself, but for littering. Wyoming enforces strict anti-littering laws, with a particularly hefty fine of up to $550 specifically for “tossing a burning substance” from a vehicle – a law that primarily targets cigarette butts. The Wyoming Highway Patrol regularly issues these citations, and the case of Mahaffy v. State (Wyoming Supreme Court, 2023) demonstrated that a deputy pulling over a driver for dropping a lit cigarette from his car window was a legitimate traffic stop, which can then lead to further investigation and charges.

Vaping and Smoking with Minors Present

A crucial area of concern for many is the presence of children in the vehicle. As of 2025, Wyoming is one of only 21 states with no specific state law prohibiting smoking or vaping in private vehicles when minors are present. This stands in contrast to many other states that have enacted such protections.

However, it’s important to note that while not explicitly illegal under a specific traffic statute, the act could still potentially be viewed through the lens of child endangerment in certain extreme circumstances, though this is not a common charge for this behavior. The primary legal risk for minors in a vehicle relates to their own actions.

Minor in Possession (MIP)

If a driver or passenger is under the age of 21, any possession or use of vaping or nicotine products is unlawful and subject to Minor in Possession (MIP) charges, regardless of whether the vehicle is in motion. Under Wyo. Stat. § 14-3-310, possession by a minor is a misdemeanor punishable by a $25 fine, with options for community service or cessation programs.

Marijuana-Specific Vaping Restrictions: A Strict Prohibition

In Wyoming, recreational marijuana remains illegal. Therefore, it is strictly illegal to smoke or vape marijuana while driving, regardless of your age or whether passengers are present. This falls under the state’s laws against Driving While Under the Influence of Intoxicants (DWUI). Wyoming has a zero-tolerance policy for driving with any detectable amount of an impairing substance in your system, meaning you can be charged with a DWUI even if you do not appear visibly impaired.

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How Wyoming Compares to Neighboring States

Wyoming’s minimalist regulatory approach becomes clear when compared to its neighbors:

• Colorado: Operates under a secondary enforcement model for most distracted driving, but with much higher potential fines ($300-$1,000) and a complete ban on any cannabis use in vehicles for all occupants.
• Utah: Has one of the most comprehensive frameworks, with its careless driving statute explicitly including distraction from activities “not related to vehicle operation” and very high fines for texting.
• Montana: Represents the opposite extreme, being the only U.S. state without any statewide distracted driving laws, including for texting, making it even more permissive than Wyoming.

This comparison places Wyoming in a moderately restrictive position – more regulated than Montana due to its texting ban and high littering fines, but far less prescriptive than Colorado or Utah regarding other forms of distraction.

Summary of Wyoming’s Vaping and Driving Laws

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

Conclusion:

In summary, while Wyoming state law does not explicitly prohibit adults from vaping or smoking nicotine products while driving, these activities exist in a legal gray area governed by broader traffic safety statutes.The safest and most responsible approach for all Wyoming motorists is to avoid smoking or vaping while driving altogether. This eliminates any potential legal risks under distracted driving laws and, more importantly, helps ensure the safety of yourself, your passengers, and other road users. Given the ongoing evolution of public health perspectives and traffic laws nationwide, 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.

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