There is currently no Maryland state law that specifically prohibits vaping (using an electronic cigarette or similar device) while driving a motor vehicle for adults, as long as the act does not otherwise distract the driver or violate other laws.
However, several important restrictions apply depending on what is being vaped, who is in the car, and where the car is located.
Key Legal Restrictions
1. Vaping Cannabis in a Vehicle
- It is illegal for the driver or any passenger to smoke or vape cannabis in a motor vehicle. This applies to both the driver and passengers, regardless of whether the vehicle is moving or parked.
- If a minor is present in the vehicle, a 2025 bill (HB1392) proposed to make it illegal to smoke or vape cannabis in the passenger area if a minor is an occupant, but this bill was withdrawn and is not currently law.
2. Vaping Tobacco or Nicotine in a Vehicle
- There is no statewide law banning vaping tobacco or nicotine products in private vehicles for adults, unless it distracts the driver or leads to unsafe driving behavior.
- Maryland’s Clean Indoor Air Act prohibits vaping in public vehicles (like buses, taxis, and rideshares) and indoor public places, but not in private cars.
3. Distracted Driving Laws
- If vaping distracts you from driving safely-such as taking your hands off the wheel or your eyes off the road-it could be considered distracted driving. Maryland law allows police to ticket drivers for any activity that impairs safe operation, including vaping if it causes distraction.
Special Considerations
- Public Vehicles: Vaping is banned in public transportation vehicles and other indoor public spaces.
- Minors in the Vehicle: While there is no current statewide law specifically banning vaping in a private vehicle with minors present, local ordinances or future legislation could impose stricter rules.
- Vaping Cannabis: Smoking or vaping cannabis in any motor vehicle is prohibited, regardless of age or location.
Summary Table
| Scenario | Is It Illegal? | Notes |
|---|---|---|
| Vaping nicotine/tobacco while driving | No (for adults) | Legal unless it causes distraction |
| Vaping cannabis while driving | Yes | Prohibited for both driver & passengers |
| Vaping in a public vehicle (bus, taxi) | Yes | Prohibited by Clean Indoor Air Act |
| Vaping with minors in car (nicotine) | No state law (2025) | Local laws may differ |
| Vaping with minors in car (cannabis) | Proposed, not enacted | Bill withdrawn as of March 2025 |
It is not illegal for adults to vape nicotine or tobacco products while driving in Maryland, unless it distracts from safe driving or occurs in a public vehicle.
However, vaping or smoking cannabis in a vehicle is illegal for both drivers and passengers. Always check for local ordinances and stay updated on new legislation, as rules can change.
Sources:
- https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB1392?ys=2025rs
- https://health.maryland.gov/phpa/OEHFP/EH/pages/clean-indoor-act.aspx
- https://trackbill.com/bill/maryland-house-bill-1392-vehicle-laws-cannabis-use-in-motor-vehicle-with-minor-occupant-prohibition/2652683/
- https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/md