As of April 2025, there is no Virginia law that specifically prohibits vaping while driving for adults. The state’s vaping laws focus primarily on:
- Prohibiting the sale and possession of vaping products to anyone under 21.
- Banning vaping in certain public places, such as schools, school buses, and some parks.
- Regulating the sale, advertising, and approved products within the state.
Distracted Driving Laws Still Apply
While vaping itself is not specifically banned while driving, distracted driving laws in Virginia can apply if vaping interferes with your ability to operate a vehicle safely.
Police may cite drivers for “failure to pay full time and attention” if any activity—including vaping—distracts them behind the wheel. This law is broad and can be used for behaviors like texting, eating, or vaping that divert attention from driving.
- First offense distracted driving fines can be up to $250.
- If vaping leads to erratic driving or an accident, you could face additional penalties under reckless or careless driving statutes.
Underage Drivers
It is illegal for anyone under 21 to possess or use vaping products in Virginia, including while driving. Underage possession can result in fines or mandatory educational programs.
Vaping Marijuana While Driving
It is illegal to drive under the influence of marijuana in any form, including vaping THC. Virginia law treats driving under the influence of marijuana as a serious offense, with penalties similar to alcohol-related DUIs.
Vaping in Prohibited Areas
Vaping is banned in specific locations (schools, school buses, certain parks), and violations can result in fines up to $250. However, these bans do not extend to personal vehicles unless the vehicle is in a prohibited area (e.g., on school property).
Summary Table: Vaping and Driving in Virginia
| Situation | Legal Status for Adults | Legal Status for Under 21 |
|---|---|---|
| Vaping nicotine while driving | Not specifically illegal, but can be cited for distracted driving | Illegal (possession/use prohibited) |
| Vaping marijuana/THC while driving | Illegal (DUI laws apply) | Illegal |
| Vaping in car on school property/bus | Illegal | Illegal |
Key Takeaways
- Vaping while driving is not specifically illegal for adults in Virginia, but distracted driving laws can apply if it impairs your attention.
- It is illegal for anyone under 21 to vape at any time, including while driving.
- Vaping marijuana or driving under its influence is strictly prohibited and can result in DUI charges.
- Vaping in certain public areas (schools, buses, parks) is banned for all ages.
If vaping distracts you while driving, you can be ticketed—even if the act itself isn’t expressly illegal. Always prioritize safe, attentive driving to avoid legal trouble.
Sources:
- https://virginiarules.org/varules_topics/alcohol-tobacco-and-marijuana/
- https://www.virginiamarijuanacard.com/post/can-you-smoke-marijuana-and-drive-in-virginia
- https://www.yearganlaw.com/police-look-to-old-law-to-fight-distracted-driving.html
- https://www.fresortech.com/vaping-laws-in-virginia
- https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/va