Vaping while driving is a common question for Nevada residents and visitors, especially as vaping laws continue to evolve. Here’s a comprehensive overview of what Nevada law currently says about vaping and driving, as of 2024.
Vaping While Driving: Is It Illegal?
There is no specific Nevada law that outright bans vaping while driving a private vehicle. Vaping behind the wheel is treated similarly to smoking a traditional cigarette: it is not explicitly illegal under state law. However, there are important caveats and related laws that drivers should be aware of.
Distracted Driving Laws
While vaping itself is not specifically prohibited, Nevada’s distracted driving laws are broad. They prohibit the use of handheld electronic devices, such as cell phones, while driving. Distracted driving in Nevada also includes activities that divert your attention from the road, such as eating, drinking, smoking, or even adjusting the radio.
Police may interpret vaping—especially if it involves handling a device, changing cartridges, or producing large clouds that obscure visibility—as a form of distracted driving. If your vaping distracts you or impairs your ability to drive safely, you could be cited under reckless or careless driving statutes.
Vaping With Children in the Car
Nevada law, like many states, prohibits smoking in vehicles when children are present. This includes vaping. If you are caught vaping while driving with minors in the car, you can be fined—violations can result in a fine of up to $100. This rule is designed to protect children from secondhand smoke and aerosol exposure.
Vaping in Public and Workplaces
Nevada’s Clean Indoor Air Act bans vaping and smoking in most indoor public spaces and workplaces, including grocery stores, restaurants, and non-gaming areas of casinos. However, this law does not extend to private vehicles unless the vehicle is being used as a workplace (such as a taxi or rideshare vehicle) or if children are present.
Penalties for Violations
If you are cited for distracted driving due to vaping, penalties can include fines and possible demerit points on your driver’s license. The fines for distracted driving start at $50 for a first offense and increase for subsequent offenses.
If you are caught vaping in prohibited public spaces, it is a misdemeanor punishable by up to $1,000 and/or six months in jail, though incarceration is rare.
Age Restrictions and Product Regulations
Nevada law prohibits the sale and distribution of vapor products to anyone under 21 years old, and vaping is included in the legal definition of “smoking” for regulatory purposes. Retailers must verify age before selling vapor products, and these products are subject to a 30% excise tax at the wholesale level.
Key Takeaways
- Vaping while driving is not specifically illegal in Nevada, but it can lead to citations for distracted or reckless driving if it impairs your ability to operate a vehicle safely.
- Vaping with children in the car is prohibited and can result in fines.
- Vaping is banned in most indoor public places and workplaces, but not in private vehicles (unless children are present).
- Violations of distracted driving or smoking laws can result in fines, demerit points, and, in rare cases, jail time.
Best Practice: If you choose to vape while driving, do so safely and avoid any actions that could distract you or reduce your visibility. Never vape with minors in the vehicle, and always stay updated on Nevada’s evolving laws regarding vaping and driving.
SOURCES:-
[1] https://davincivaporizer.com/blogs/news/is-it-illegal-to-vape-and-drive
[2] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/nv
[3] https://lernerandrowe.com/distracted-driving-in-nevada/
[4] https://www.shouselaw.com/nv/defense/nrs/202-2483-no-smoking-laws/
[5] https://www.southernnevadahealthdistrict.org/Health-Topics/nevada-clean-indoor-air-act/a-guide-for-the-general-public/
