Is It Illegal to Vape and Drive in Maryland? Here’s What the Law Says

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Is It Illegal to Vape and Drive in Maryland? Here's What the Law Says

Currently, there is no explicit law in Maryland that makes it illegal for adults to vape while driving a private vehicle. The state’s vaping regulations focus primarily on where vaping is prohibited in public and indoor spaces, not specifically on private vehicle use by adults.

Key Points from Maryland Law

  • Indoor Vaping Ban:
    As of July 1, 2024, Maryland expanded its Clean Indoor Air Act to ban vaping in all indoor public places, public transportation, and workplaces, aligning vaping restrictions with those already in place for smoking. This includes public meeting places, public vehicles, and indoor places of employment, but does not extend to private vehicles unless they are being used for public transportation or as workplaces.
  • Vaping While Driving:
    There is no statewide law that specifically prohibits vaping (nicotine or non-cannabis e-cigarettes) while driving a private vehicle. However, vaping is banned on Maryland Area Regional Commuter (MARC) trains and at MDOT MTA-owned stations, and in public vehicles.
  • Cannabis Vaping:
    Maryland law does prohibit the smoking or vaping of cannabis in motor vehicles, regardless of whether the vehicle is in motion or parked. This is a civil offense and can result in fines. Driving under the influence of cannabis (impaired driving) is also illegal and subject to stricter penalties.
  • Minors:
    It is illegal for minors (under 21) to possess or use vaping devices in Maryland.

Practical Implications

  • For Nicotine Vaping:
    Adults may vape in their own private vehicles while driving, as long as they are not violating any other laws (such as distracted driving or providing vaping products to minors). However, if the vehicle is being used as a public vehicle (e.g., taxi, rideshare, bus), vaping is prohibited.
  • For Cannabis Vaping:
    Vaping cannabis in any vehicle is illegal, and driving under the influence of cannabis is a criminal offens.

Summary Table

ActivityLegal in Private Vehicle?Legal in Public Vehicle?Notes
Vaping nicotine (adults)YesNoDistracted driving laws still apply
Vaping nicotine (minors)NoNoIllegal for those under 21
Vaping cannabis (anyone)NoNoIllegal in all vehicles
Smoking/vaping in public areaNoNoIndoor ban in public places and vehicles
  • Vaping nicotine while driving your own car is not explicitly illegal for adults in Maryland.
  • Vaping cannabis in any vehicle is illegal.
  • Vaping is banned on public transportation and in public indoor spaces.
  • Distracted driving and impaired driving laws always apply.

Always check for local ordinances, as some counties or municipalities may have stricter rules.

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