Based on current Delaware law, it is not explicitly illegal to vape while driving in the state. However, there are some important considerations and restrictions to be aware of:
General Vaping Laws
- Vaping is legal for adults 21 and older in Delaware.
- The state bans the sale of flavored vape products, allowing only unflavored options.
- Delaware imposes a $0.05 per milliliter tax on e-cigarette and vape products.
Vaping While Driving
While there is no specific law prohibiting vaping while driving, drivers should consider the following:
- Distracted driving laws may apply if vaping interferes with safe vehicle operation.
- Visibility issues from vapor clouds could potentially lead to reckless driving charges.
Restrictions in Vehicles
Delaware does have some relevant vehicle-related smoking laws that may impact vaping:
- It is illegal to smoke in a vehicle if a person under 16 years of age is present, regardless of whether windows are open.
- This law applies to vehicles in motion or at rest.
- While the law specifically mentions smoking, it’s possible it could be interpreted to include vaping.
Enforcement
- Police officers cannot stop or search a vehicle solely on suspicion of violating the underage passenger smoking law.
- However, if pulled over for another reason, additional citations could potentially be issued.
While vaping and driving is not explicitly illegal in Delaware, drivers should use caution and prioritize safe vehicle operation. It’s advisable to avoid vaping while driving, especially with minors in the vehicle, to comply with existing laws and ensure road safety.
Sources
- https://ecigator.com/regulation/vaping-laws-in-delaware/
- https://www.nbcphiladelphia.com/news/local/delaware-set-to-ban-smoking-in-vehicles-with-children/3649895/
- https://whyy.org/articles/delaware-law-restricting-vaping-takes-hold/
- https://delcode.delaware.gov/title16/c029/
- https://whyy.org/articles/take-it-outside-delaware-bans-indoor-smoking-of-e-cigarettes-and-vape-pens/
