While it is not explicitly illegal to vape and drive in California, there are several ways a driver could be penalized for vaping while operating a vehicle. Moreover, California’s vaping laws are evolving, with stricter regulations taking effect in 2025.
Vaping and Driving
- General Regulations Although there isn’t a law that directly prohibits vaping while driving, existing traffic regulations could apply.
- Visibility Vaping devices create thick smoke, which can impair a driver’s vision. If caught, a user may receive a citation for careless driving.
- Distraction Police officers may categorize the use of vape devices or changing cartridges while driving as a distraction, similar to using a cell phone.
- Reckless Driving Vaping while driving may lead to citations under reckless driving laws, resulting in fines comparable to speeding or driving under the influence.
- Vaping with Minors Vaping while driving with children in the car is punishable by law and could result in a fine. In California, you can’t smoke or vape with children present in a vehicle.
To avoid any issues, it is best to pull over at a safe location before vaping.
Upcoming Changes to California Vaping Laws in 2025
- Flavor Bans Starting January 1, 2025, flavored vaping products will be prohibited from retail and online sales in California. This ban includes flavored e-cigarettes with nicotine and nicotine analogs.
- Labeling Requirements Vaping products will need to have clear labels that display information on nicotine content, ingredients, and potential health risks. These labels must include warnings about nicotine addiction and potential health effects.
- Enforcement The California Department of Tax and Fee Administration is authorized to seize flavored tobacco and vape products during routine inspections.
Other California Vaping Laws
- Age Restrictions It is illegal to sell or provide vaping products to anyone under 21.
- Licensing Retailers selling vaping products must obtain and maintain a state license.
- Public Vaping Restrictions Vaping is prohibited in enclosed public spaces, within 20 feet of entrances and exits, and in specific outdoor areas like dining patios and sports facilities. California smoking laws generally apply to vaping and e-cigarettes.
- Where Vaping is Prohibited Vaping is banned in various locations, including bars, restaurants, enclosed workplaces, state parks, state beaches, public buildings, and within 20 feet of public buildings. It is also prohibited near playgrounds, youth sports events, day care facilities, foster homes, health facilities, public transportation, and farmers markets. Landlords may also prohibit vaping on residential properties.
SOURCE
[1] https://mipod.com/blogs/mipodblog/vape-flavors-face-extinction-in-california-with-uncompromising-new-laws
[2] https://davincivaporizer.com/blogs/news/is-it-illegal-to-vape-and-drive
[3] https://vapedepotusa.com/blog/vape-reviews-and-comparisons/vaping-laws-in-california-what-you-need-to-know/
[4] https://cal.lawsoup.org/legal-guides/smoking-vaping/
