Vaping while driving is not specifically prohibited by Virginia law for adults. There is no statute that makes it illegal for an adult to use a vape or e-cigarette while operating a motor vehicle. However, there are important restrictions and considerations to keep in mind:
Key Points
- Age Restrictions:
It is illegal for anyone under 21 to purchase, possess, or use vaping products in Virginia. If a driver is under 21, vaping while driving could result in a citation for underage possession or use. - Impaired or Distracted Driving:
While vaping itself is not banned while driving, any activity—including vaping—that distracts you from safely operating your vehicle can result in a citation for distracted or reckless driving under Virginia’s general traffic laws. If vaping causes you to lose control or pay less attention to the road, you could be charged accordingly. - Vaping with Minors in the Car:
As of May 2025, there is no statewide law in Virginia that specifically prohibits vaping in a vehicle with minors present. However, this could change as public health laws evolve, and some localities may have their own ordinances. - Public and School Zones:
Vaping is prohibited in schools, on school buses, and at school-sponsored events, and violations can result in fines. This restriction applies regardless of whether you are in a vehicle or on foot if you are on school property. - Product Legality:
Only FDA-authorized vaping products may be legally sold and possessed in Virginia as of July 1, 2024. Possessing or using unapproved products could result in penalties, especially if you are stopped for another reason.
Summary Table: Vaping & Driving in Virginia
| Situation | Legal? | Notes |
|---|---|---|
| Adult vaping while driving | Yes | Not specifically prohibited |
| Under 21 vaping while driving | No | Illegal for anyone under 21 to possess/use vapes |
| Vaping with minors in car | Yes* | No statewide ban, but subject to change |
| Vaping on school property/in vehicle | No | Prohibited |
| Using unapproved vape products | No | Only FDA-approved products are legal |
*No statewide ban as of May 2025.
Bottom Line:
For adults, vaping while driving is not illegal in Virginia, but it is illegal for those under 21. Distracted or reckless driving laws still apply, and using vapes on school property or with unapproved products can lead to penalties. Always check for local ordinances and stay updated on evolving state laws.
SOURCES
[1] https://law.lis.virginia.gov/vacode/title59.1/chapter23.2/section59.1-293.16/
[2] https://virginiarules.org/varules_topics/alcohol-tobacco-and-marijuana/
[3] https://www.fresortech.com/vaping-laws-in-virginia
[4] https://www.vanorml.org/2025_legislation
[5] https://www.williamsmullen.com/insights/news/legal-news/2024-virginia-general-assembly-new-alcoholic-beverage-control-and
