Is it illegal to vape and drive in Mississippi?
Currently, there is no specific law in Mississippi that outright bans vaping while driving for adults. However, several related laws and regulations may affect whether and how you can vape while behind the wheel.
Vaping Laws in Mississippi
- Vaping is Legal, With Restrictions:
Vaping and the use of electronic nicotine delivery systems are legal in Mississippi, but there are restrictions on where these products can be used, especially in public places, schools, childcare centers, and certain business establishments. Recent laws also limit which vape products can be sold in the state, but these primarily affect retailers and product availability, not use by individuals in private vehicles.
Distracted Driving Laws
- Distracted Driving Prohibited:
Mississippi law prohibits activities such as texting and using social media while driving, as these are considered forms of distracted driving. However, the law does not specifically mention vaping as a prohibited activity. That said, if vaping distracts you from safely operating your vehicle-such as taking your hands off the wheel or obstructing your view-it could potentially be cited as distracted driving under general traffic safety laws.
Smoking and Vaping in Vehicles
- No Statewide Ban on Vaping in Private Vehicles:
There is no statewide law that explicitly bans vaping in private vehicles for adults. Some proposed or existing legislation restricts smoking (including vaping) in vehicles only under specific circumstances, such as when in a service line within 20 feet of a point of service (e.g., drive-thru windows). These restrictions are aimed at protecting public health in shared or public spaces, not private use while driving. - Minors and Special Cases:
Laws may be stricter for minors, and local ordinances or school policies may prohibit vaping in vehicles on school property or when transporting minors. Always check for local rules, especially in school zones or areas with additional restrictions.
DUI and Impairment Laws
- Driving Under the Influence:
It is illegal to drive under the influence of any substance that impairs your ability to operate a vehicle, including drugs or substances that may be vaped (such as THC or other controlled substances). If you are found to be impaired by any substance-regardless of whether it was vaped, smoked, or otherwise ingested-you can be charged with DUI.
Summary Table: Vaping and Driving in Mississippi
| Activity | Legal Status for Adults | Notes |
|---|---|---|
| Vaping in private vehicle while driving | Not specifically illegal | May be cited if it causes distracted driving |
| Vaping in service lines (drive-thru) | Prohibited within 20 feet | Applies to both drivers and pedestrians |
| Vaping while impaired by substances | Illegal (DUI) | Applies to any impairing substance, including vaped drugs |
| Vaping in vehicle with minors (local) | May be restricted locally | Check local ordinances and school policies |
Key Takeaways
- Vaping while driving is not specifically banned for adults in Mississippi, but it could be considered distracted driving if it interferes with safe vehicle operation.
- It is illegal to drive while impaired by any substance, including those consumed via vaping.
- Vaping is prohibited in vehicles in certain public service lines (e.g., drive-thrus) within 20 feet of the point of service.
- Local laws or school policies may impose additional restrictions, especially regarding minors.
Bottom line:
Vaping and driving is not outright illegal in Mississippi, but you can be cited if it causes distraction or impairment. Always exercise caution and be aware of local and situational restrictions.
Sources:
- https://magnoliatribune.com/2025/03/24/vapes-big-tobacco-and-a-new-mississippi-registry-law/
- https://www.trustedchoice.com/distracted-driving/mississippi-laws/
- https://billstatus.ls.state.ms.us/documents/2024/pdf/HB/0001-0099/HB0046IN.pdf
- https://www.artisanvaporcompany.com/vaping/is-vaping-legal-in-mississippi-what-you-need-to-know/
- https://norml.org/laws/drugged-driving/mississippi-drugged-driving/
- https://law.justia.com/codes/mississippi/title-41/chapter-29/article-3/section-41-29-139/
