There is no North Dakota state law that specifically prohibits vaping while driving. However, North Dakota does have laws addressing the use of e-cigarettes and vaping devices in general:
- Smoke-Free Law: North Dakota’s smoke-free law includes e-cigarettes in its definition of smoking. This means that vaping is not allowed in public places, places of employment, and within 20 feet of entrances, exits, windows, and air intakes of such places.
- No Specific Ban on Vaping While Driving: The law does not explicitly mention vaping while driving. It is primarily focused on public places, workplaces, and their immediate surroundings.
- Distracted Driving: If vaping causes you to drive carelessly or unsafely—for example, by taking your attention off the road—you could potentially be cited for distracted driving or reckless driving, depending on the circumstances.
- Age Restrictions: It is illegal for anyone under the age of 21 to use any tobacco product, including vapes, in North Dakota.
Summary Table
| Situation | Legal? | Notes/Exceptions |
|---|---|---|
| Vaping while driving (general) | Not prohibited | No specific law, but must not drive unsafely |
| Vaping in public/private vehicles | Varies | Not allowed in public places or workplaces |
| Vaping under age 21 | Illegal | Prohibited for anyone under 21 |
| Distracted/reckless driving | Illegal | Can be cited if vaping causes unsafe driving |
It is not specifically illegal to vape while driving in North Dakota, but you must not do so if it causes you to drive unsafely.
Vaping is prohibited in many public places and workplaces, but private vehicles are not explicitly covered by the smoke-free law unless they are used for work or public transportation. Always follow age restrictions and drive responsibly.
Sources:
- https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/nd
- https://www.breathend.com/TobaccosHarm/ecigs/ECigLaw/
- https://www.breathend.com/publichealthunits/bismarck-tobacco-free/ecigarettesvaping/
- https://fdhu.org/tobacco-programs-and-resources/vaping/