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

Is It Illegal to Vape and Drive in South Carolina Here's What the Law Says

As of May 2025, South Carolina does not have a law that specifically prohibits vaping (using an electronic nicotine delivery system or ENDS) while operating a motor vehicle.

The state’s current regulations focus on the sale, advertising, and distribution of vape products, particularly to minors, but do not address the act of vaping while driving for adults.

Distracted Driving Laws: Indirect Implications

While vaping itself is not explicitly banned behind the wheel, South Carolina has strict distracted driving laws.

The South Carolina Hands-Free and Distracted Driving Act prohibits the use of handheld wireless electronic devices for texting, emailing, or holding a phone while driving. However, these laws are specifically targeted at mobile phones and similar devices, not vaping products.

  • Key point: Vaping is not mentioned as a prohibited activity under these distracted driving statutes.

That said, if vaping distracts you from safely operating your vehicle-such as obstructing your view with large vapor clouds, taking your hands off the wheel, or otherwise failing to pay attention-you could be cited for distracted or careless driving if your actions endanger yourself or others.

DUI and Impairment

It is illegal to drive under the influence of any substance that impairs your ability to operate a vehicle safely, including drugs or alcohol.

If you are vaping a substance that contains THC, marijuana, or any impairing drug, you could be charged with DUI. However, nicotine-only vaping does not constitute impairment under South Carolina law.

Special Restrictions: Minors and Passengers

  • Minors: There are strict laws against minors possessing or using vape products, and against adults providing vape products to minors.
  • Passengers: There is currently no statewide law prohibiting passengers from vaping in a vehicle.

Local Ordinances

Some cities or counties in South Carolina may have their own rules regarding vaping in vehicles, especially when minors are present, but there is no known statewide ban on vaping and driving as of this date.

It is not illegal for adults to vape and drive in South Carolina, provided you are not distracted, impaired, or violating other traffic laws. Vaping while driving could still lead to a citation if it results in distracted or careless driving.

Vaping substances that impair your ability to drive, such as THC, is illegal and can result in DUI charges. Always drive safely and be aware of local ordinances that may impose additional restrictions.

Sources:

  1. https://www.scstatehouse.gov/sess126_2025-2026/bills/287.htm
  2. https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/sc
  3. https://www.scstatehouse.gov/sess126_2025-2026/bills/3728.htm