In Texas, the legality of vaping while driving is nuanced. There isn’t a specific law that directly prohibits vaping while driving; however, existing traffic laws regarding distracted driving could come into play.
General Regulations
- Age Restrictions: In Texas, you must be at least 21 years old to legally purchase or possess e-cigarettes or vape devices.
- School Policies: School districts are mandated to prohibit students from using or possessing e-cigarettes at school-related or school-sanctioned activities, whether on or off school property. Public school students found in possession of e-cigarettes on campus or at school-sponsored events will be placed in an alternative school.
- Retail Regulations: A retail license or permit is required to sell e-cigarettes in Texas.
Vaping While Driving
- No Explicit Law: There are no explicit laws stating that it’s illegal to drive while vaping.
- Distracted Driving: Existing traffic laws against driving without due care and attention can be applied to drivers whose vaping affects their driving. If vaping leads to dangerous or distracting driving, legal penalties, including fines and points on your license, could be applied.
- Visibility Obstruction: Clouds of vapor can obscure a driver’s vision, potentially causing an accident.
Passengers and Vaping
- Passenger Vaping: It is legal for passengers to vape in the car, but they must do so considerately.
- Consideration: Vaping passengers should keep the windows down to dissipate vapor clouds and ensure the driver’s visibility isn’t compromised. It’s important to consider everyone in the vehicle and ensure their comfort and safety.
Consequences of Illegal Vaping (for Minors)
- Penalties: Minors caught purchasing or possessing e-cigarettes must attend an E-Cigarette and Tobacco Awareness Program or perform community service. Failure to meet this requirement can result in a suspension of the minor’s driver’s license. Violations are also punishable by fines of up to $200.
- THC Vaping: Penalties increase greatly if vaping is used to deliver THC oil. THC possession can lead to lengthy prison terms and fines, as well as lifelong consequences associated with a felony conviction.
- Alternative School: Any public school student caught with an e-cigarette within 300 feet of any school property, regardless of whether they contain THC or not, will be temporarily placed in alternative schooling.
To avoid fines and penalties, it’s wise not to vape while driving if it distracts you or obstructs your vision. If you need to vape, consider pulling over in a safe place before doing so.
SOURCES
[1] https://www.podsalt.com/blog/post/are-you-risking-your-license-by-vaping-in-the-car
[2] https://versustexas.com/teenage-vaping-in-texas/
[3] https://www.thewebbfirm.com/posts/legal-consequences-of-vaping-in-texas/
[4] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/tx
