As of February 2025, Pennsylvania does not have a statewide law that explicitly prohibits vaping while driving. However, drivers should be aware of how the new distracted driving law and local ordinances could potentially impact the use of vaping devices while operating a vehicle.
Distracted Driving Law
Effective June 5, 2025, Pennsylvania’s new distracted driving law, also known as Paul Miller’s Law, will ban the use of hand-held interactive mobile devices (IMDs) while driving as a primary offense. This means that police can stop drivers observed using a mobile device in their hand. The law defines IMDs broadly as any handheld wireless telephone, smartphone, computer, or similar device that can be used for communication, texting, emailing, browsing the internet, playing games, or other electronic data.
While the law does not specifically mention vaping devices, some vaping devices with interactive features that require manipulation similar to a mobile phone could potentially be included under the definition of IMDs. Because of this, drivers should use caution when using vape pens or other similar devices.
Clean Indoor Air Act and Local Ordinances
Pennsylvania’s Clean Indoor Air Act, which prohibits smoking in certain public spaces, has not been amended to include vapor products. Therefore, vaping is not automatically banned in the same places as smoking, including vehicles. However, some municipalities have enacted their own ordinances regarding vaping. For example, Philadelphia has banned vaping where smoking is prohibited, including outdoor spaces, and Allegheny County prohibits the use of e-cigarettes and vaping products in indoor public places where cigarettes are already banned. These local regulations primarily affect public spaces and may not directly apply to private vehicles.
Medical Marijuana
Even with a valid medical marijuana card, it is illegal to smoke or vape marijuana while driving in Pennsylvania. The PA Superior Court has held that marijuana remains a Schedule I controlled substance under Pennsylvania law, and the Commonwealth is not required to prove that the marijuana in an individual’s bloodstream is non-medical marijuana for purposes of proving DUI.
Safe Driving Practices
Even though vaping while driving is not explicitly illegal in Pennsylvania, drivers should always prioritize safe driving practices and avoid any activities that could potentially distract them from operating a vehicle safely. Vaping while driving could be considered a form of distracted driving if it impairs the driver’s ability to focus on the road.
Other Vaping Laws in Pennsylvania
Pennsylvania prohibits the sale of electronic cigarettes to people under the age of 21, unless the person is in the military or a veteran, in which case the age is 18. E-cigarettes are also prohibited in Pennsylvania schools, school vehicles, and on school property.
Sources:
[1] https://ecigator.com/web-stories/vaping-while-driving-in-pennsylvania/
[2] https://casaa.org/get-involved/state-locator/pennsylvania/
[3] https://www.callmikewinters.com/blog/2022/04/medical-marijuana-card-it-still-is-illegal-in-pennsylvania-to-smoke-or-vape-marijuana-while-driving/
