Florida does not have a specific law that makes it illegal for adults to vape while driving a vehicle. Unlike texting while driving, which is explicitly prohibited, there is no statute in Florida that directly outlaws the act of vaping behind the wheel for those over. This means that, in general, adults can legally vape while driving in Florida.
Key Restrictions and Considerations
1. Age Restrictions
- It is illegal for anyone under 21 to possess or use nicotine vapes in Florida, whether driving or not.
- Exceptions exist for active-duty military personnel.
2. Vaping Cannabis or Controlled Substances
- Vaping THC or cannabis products without a valid medical prescription is illegal in Florida, regardless of whether you are driving.
- Possession of cannabis concentrates in vape form can be prosecuted as a felony, with severe penalties.
3. Distracted or Careless Driving
- While vaping itself is not banned, any activity-including vaping-that distracts you from driving can lead to a citation for careless driving under Florida law.
- If vaping causes you to drive erratically or unsafely, you may be ticketed for careless or even reckless driving, which carries significant fines and potential legal consequences.
4. Local Ordinances
- Some cities or counties may have their own rules about vaping in vehicles, especially when minors are present.
- For example, in certain areas, it is illegal to vape in a car if children are inside.
Penalties
- Careless Driving: Fines up to $500 if vaping leads to distracted or unsafe driving.
- Underage Possession: Fines or probation for those under 21 caught with vaping devices.
- Drug Offenses: Felony charges for possession of THC vape oil without a prescription, with possible jail time.
Summary Table: Vaping and Driving in Florida
| Situation | Legal Status for Adults (21+) | Notes |
|---|---|---|
| Vaping nicotine while driving | Legal | No direct state ban; avoid distracted driving |
| Vaping under age 21 | Illegal | Prohibited regardless of driving status |
| Vaping cannabis/THC without prescription | Illegal | Felony offense, severe penalties |
| Vaping causes distracted/careless driving | Illegal | Can result in citation or more serious charges |
| Local bans (e.g., with children present) | Varies by location | Check local ordinances |
Vaping and driving is not explicitly illegal for adults in Florida, but there are important restrictions and risks. Underage vaping, vaping cannabis without a prescription, and any form of distracted driving can all result in legal trouble. Always prioritize safety and be aware of both state and local laws before vaping in your vehicle.
Sources:
- https://www.palmbeachdefense.com/is-vaping-illegal-in-florida/
- https://www.ryanhugheslaw.com/articles/smoking-while-driving-tampa
- https://ecigator.com/guide/florida-vaping-driving-law/
- https://billallenlaw.com/vaping-laws-in-florida/
- https://www.palmbeachdefense.com/is-vaping-legal-in-florida/