As of February 2025, South Dakota law does not explicitly prohibit vaping while driving. However, there are several related regulations and considerations that drivers should be aware of:
E-Cigarette Regulations
South Dakota has implemented strict regulations on e-cigarettes and vaping products:
- The use of electronic smoking devices is prohibited in most public places and workplaces, similar to traditional smoking bans.
- The state defines “vapor products” and “electronic smoking devices” broadly, including e-cigarettes, e-cigars, e-pipes, and vape pens.
- As of July 1, 2024, it is illegal to use e-cigarettes or other vaping products in almost all South Dakota workplaces and public buildings, including bars, restaurants, and casinos.
Driving-Specific Regulations
While vaping while driving isn’t explicitly banned, there are related laws to consider:
- South Dakota law requires drivers to have their full attention on driving and to avoid distractions.
- Using any device that takes your hands off the wheel or eyes off the road could potentially be considered distracted driving.
Age Restrictions
It’s important to note that:
- The legal age to purchase or use tobacco products, including e-cigarettes, is 21 years old in South Dakota.
- This applies to vaping products as well, regardless of whether you’re driving or not.
Potential Legal Implications
Even though vaping while driving isn’t specifically illegal, it could lead to legal issues:
- If vaping causes distracted driving or results in an accident, you could face charges or fines.
- Police officers may interpret vaping as a form of distracted driving, especially if it affects your ability to control the vehicle.
Other Considerations
Drivers should also be aware of:
- The open container law for alcoholic beverages in vehicles (which carries a $132.50 fine), though this doesn’t directly apply to vaping.
- Restrictions on marijuana use in vehicles, which is illegal for both drivers and passengers.
While South Dakota law doesn’t explicitly prohibit vaping while driving, it’s crucial to prioritize safety and avoid any activities that could be considered distracted driving. Given the state’s recent tightening of vaping regulations in public spaces, it’s possible that future legislation may address vaping while driving more directly.
As laws can change, it’s always best to stay informed about current regulations and prioritize safe driving practices. If you choose to vape, it’s safest to do so when the vehicle is parked and in designated areas where vaping is permitted.
SOURCES:-
[1] https://www.sdnewswatch.org/public-vaping-ban-passed-in-s-d-amid-some-controversy/
[2] https://ujs.sd.gov/uploads/docs/Fine_and_Bond_Schedule070123.pdf
[3] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/sd
[4] https://norml.org/laws/south-dakota-penalties-2/
[5] https://www.findlaw.com/state/criminal-laws/vaping-and-e-cigarette-laws-by-state.html
