There is currently no specific Nevada state law that outright prohibits vaping while driving a vehicle. Vaping behind the wheel is treated similarly to smoking traditional cigarettes in this context—neither activity is expressly illegal for drivers under Nevada law. However, there are important caveats and related regulations that drivers should be aware of.
Relevant Restrictions and Considerations
- Distracted or Reckless Driving: While vaping itself is not banned, drivers can be cited for distracted or careless driving if vaping interferes with their ability to operate the vehicle safely. For example, if exhaled vapor clouds the windshield and impairs visibility, or if a driver is distracted by changing vape cartridges or refilling devices while driving, law enforcement may interpret this as reckless driving and issue a citation accordingly.
- Vaping with Minors Present: Like many states, Nevada has laws that prohibit smoking in vehicles when children are present. Although the search results do not specify a Nevada law directly addressing vaping with minors in the car, it is a common rule in many states and may be enforced under broader child protection or secondhand smoke exposure statutes. Always check for the most current local ordinances.
- Cannabis Vaping: It is illegal to consume cannabis in any form (including vaping) while driving or in a vehicle in Nevada, whether you are the driver or a passenger. This is treated similarly to open container laws for alcohol and can result in DUI charges. This restriction applies regardless of whether the cannabis was obtained legally.
Where Vaping Is Prohibited in Nevada
Nevada law bans vaping and the use of e-cigarettes in most indoor public places and places of employment, including restaurants, malls, theaters, child care facilities, and bars where minors are allowed. However, these restrictions do not extend to private vehicles unless children are present or the act leads to distracted driving.
Summary Table: Vaping and Driving in Nevada
| Activity | Legal Status in Nevada |
|---|---|
| Vaping while driving | Not specifically prohibited |
| Vaping with minors in the car | May be subject to penalties |
| Vaping cannabis while driving | Illegal (DUI laws apply) |
| Vaping in public indoor spaces | Prohibited in most places |
| Vaping in casino gaming areas | Allowed (unless casino bans it) |
Best Practices
- Avoid vaping while driving to minimize distractions and reduce the risk of being cited for careless or reckless driving.
- Never vape in the car with children present.
- Do not vape cannabis products in any vehicle, as this is illegal and subject to DUI enforcement.
In summary, vaping while driving in Nevada is not specifically illegal, but it can lead to citations if it causes distracted or reckless driving, or if minors are present in the vehicle. Always stay updated on local laws and use common sense to ensure safety on the road.
Sources:
- https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/nv
- https://davincivaporizer.com/blogs/news/is-it-illegal-to-vape-and-drive
- https://www.shouselaw.com/nv/faqs/can-i-smoke-e-cigarettes-in-nevada/
- https://news3lv.com/news/local/new-nevada-law-to-limit-indoor-use-of-vaping-e-cigarettes-12-27-2019