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

Vaping while driving in New York is not explicitly illegal under state law, but it can intersect with other regulations depending on the substance vaped and circumstances. Here’s a breakdown:

General Vaping While Driving

• No Direct Prohibition: New York has no statewide law specifically banning vaping (non-cannabis) while driving.
• Distracted Driving Risks: Officers may cite drivers under Vehicle and Traffic Law § 1225-d if vaping is deemed to impair focus or visibility (e.g., clouding the windshield).

Cannabis Vaping

• NYC Restrictions: Vaping cannabis in a private vehicle is prohibited under NYC’s Smoke-Free Air Act, regardless of whether the car is moving or parked.
• Statewide Child Proximity Rules: A pending 2025 bill (A1007) prohibits vaping cannabis within 30 feet of children in cars or near child-centric locations, with penalties escalating to a misdemeanor for repeat violations.

Minors in the Vehicle

• Vaping (any substance) in a car with passengers under 16 may violate New York’s extension of smoking bans to vaping, mirroring rules for cigarettes.

Enforcement Considerations

• Officer Discretion: Police might mistake vaping devices for phones (illegal to hold while driving) or use pretextual stops for suspected impairment.
• Cannabis Odor: Even legal cannabis vaping could lead to prolonged stops if officers suspect impairment.

Key Takeaways

1. Avoid vaping cannabis in cars, especially in NYC.
2. Keep vaping devices out of hand to avoid distracted driving claims.
3. Never vape with minors present.

While no law outright bans vaping while driving, overlapping regulations and enforcement practices create legal risks. Prioritize safety and compliance to avoid citations.

Sources:

1. https://www.health.ny.gov/press/releases/2025/2025-01-30_vaping_nicotine.htm
2. https://www.npr.org/sections/thetwo-way/2017/10/24/559833483/new-york-bans-vaping-indoors-in-public-state-law-classes-e-cigs-with-cigarettes
3. https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/ny
4. https://spectrumnews1.com/ky/louisville/news/2025/01/01/teen-vaping