In California, vaping while driving is not explicitly illegal under state law if the device does not involve sending or receiving data. However, there are important considerations based on the substance vaped and potential distractions:
1. Distracted Driving Risks
- Vaping could be cited under distracted driving laws if it impairs your ability to drive safely. Officers may argue that handling a vape device takes your focus off the road.
- While vaping itself isn’t banned, using any device that requires manual operation (e.g., refilling, adjusting settings) might lead to a citation for “driving without due care”.
2. Substance-Specific Laws
- Nicotine vapes: No specific prohibition exists, but distracted driving penalties apply if usage affects driving.
- THC-containing vapes: Driving under the influence of cannabis (including medical marijuana) is illegal and treated as a DUI, regardless of impairment level.
3. Workplace Policies
Some employers, like UPS, prohibit vaping while operating vehicles under distracted driving policies, though this is not state law.
4. Recent Regulatory Context
California’s 2025 flavored vape ban (SB793/AB935) restricts sales but does not impact driving laws.
Key Takeaways
- Avoid vaping while driving if it causes distraction.
- For THC vapes, never drive after use.
- If cited, gather evidence (e.g., phone records, device specifications) to contest charges.
Sources:
- https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/ca
- https://ecigator.com/regulation/vaping-laws-in-california/
- https://casaa.org/get-involved/state-locator/california/
- https://www.thekindpen.com/blog/vaping-while-driving-is-it-safe-is-it-legal/
