As of February 2025, vaping while driving is not explicitly illegal in Maine, but there are some important considerations and restrictions to be aware of:
General Vaping Laws
Maine has implemented several regulations regarding vaping:
- The legal age to purchase and use vaping products is 21 years old.
- Vaping is prohibited in many public places, including certain indoor spaces and outdoor areas like beaches and state parks.
- Electronic cigarettes are included in the definition of “smoking” under Maine law.
Vaping While Driving
While there is no specific law prohibiting vaping while driving, several factors make it inadvisable:
- Distracted Driving: Using a vaping device while driving could be considered distracted driving, which is illegal in Maine.
- Visibility Issues: Dense vapor clouds could temporarily obstruct the driver’s view, potentially leading to dangerous situations.
- DUI Considerations: If the e-cigarette contains THC or other controlled substances, the driver could face DUI charges.
Smoking in Vehicles with Minors
Maine has a specific law regarding smoking in vehicles with minors present:
- It is illegal to smoke in a motor vehicle when a minor (under 18) is present, regardless of whether the windows are open.
- This law applies to both operators and passengers.
- The fine for violating this law is $50.
- While the law doesn’t explicitly mention vaping, the definition of “smoking” in Maine includes the use of electronic cigarettes.
Enforcement and Penalties
- Vehicles cannot be searched or inspected solely due to a violation of the smoking-with-minors law.
- However, violating this law is considered a traffic infraction.
Public Health Concerns
The American Lung Association’s “State of Tobacco Control” report for 2025 urges Maine lawmakers to focus on:
- Increasing taxes on all tobacco products
- Ending the sale of tobacco products in pharmacies
- Prohibiting the sale of menthol cigarettes and all flavored tobacco products statewide
While vaping and driving is not explicitly illegal in Maine, it could potentially lead to charges of distracted driving or violate the law against smoking in vehicles with minors. Additionally, the state’s ongoing efforts to regulate tobacco and vaping products suggest that laws may become stricter in the future.
Drivers should prioritize safety and consider refraining from vaping while operating a vehicle. It’s always best to stay focused on the road and avoid any activities that could impair driving ability or visibility.
SOURCES:-
[1] https://www.artisanvaporcompany.com/vaping/is-vaping-legal-maine/
[2] https://www.lung.org/media/press-releases/maine-sotc-25
[3] https://legislature.maine.gov/statutes/29-a/title29-Asec2120.html
[4] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/me
