South Carolina does not have a specific statewide law that makes it illegal to vape while driving. There are currently no statutes that prohibit adults from using e-cigarettes or vaping devices behind the wheel, as long as the act does not interfere with safe vehicle operation. Vaping while driving is generally treated the same as smoking a cigarette in this context.
Traffic Safety and Distracted Driving
Although vaping itself is not banned while driving, drivers must still comply with general traffic safety laws. If vaping causes a distraction-such as producing large clouds that obscure the windshield or if a driver is seen changing cartridges or refilling a device while operating the vehicle-police may interpret this as distracted or careless driving. Such actions can result in citations similar to those issued for texting, talking on the phone, or other distractions. In rare cases, this could escalate to a reckless driving charge if vaping is deemed to impair your ability to drive safely.
Vaping With Minors in the Car
South Carolina law does address the issue of smoking in vehicles with minors present. As of the latest legislative actions, it is unlawful to smoke a tobacco product in a motor vehicle while a person under 18 years old is a passenger. However, the statute specifically mentions “tobacco products,” and does not explicitly reference vaping or e-cigarettes. That said, many legal experts and law enforcement agencies interpret these protections as extending to vaping, given the similar risks of secondhand aerosol exposure. Violating this law can result in a fine of up to $100 per offense.
Local Ordinances and Restrictions
Some South Carolina municipalities have their own ordinances that prohibit vaping where smoking is banned, such as in certain public spaces or vehicles. These local rules may be stricter than state law and can include additional penalties.
Vaping Laws for Minors
It is illegal for anyone under 18 to purchase, possess, or use vaping products in South Carolina, and retailers must verify age before selling these products. Federal law raises the minimum age for purchase to 21.
Summary Table
| Scenario | Is It Illegal? |
|---|---|
| Vaping while driving (adults) | No, unless it causes distraction/careless driving |
| Vaping while driving with minors (under 18) | Yes, if interpreted as “smoking” under state law |
| Vaping by drivers under 18 | Yes, illegal for minors |
| Local bans (certain cities/counties) | Varies; check local ordinances |
Vaping and driving is not explicitly illegal for adults in South Carolina, but it can lead to citations if it distracts from safe driving. Vaping with minors in the car may result in fines, especially if local or state laws interpret vaping as equivalent to smoking. Always check local ordinances and use common sense to avoid legal issues.
