Is It Illegal to Vape and Drive in Hawaii? Here’s What the Law Says

Is It Illegal to Vape and Drive in Hawaii Here's What the Law Says

Vaping while driving is not specifically illegal in Hawaii for adults, provided you are at least 21 years old and not otherwise violating traffic or safety laws. There is no statewide law that outright bans vaping behind the wheel for drivers over 21. However, there are important restrictions and situations where vaping in a vehicle can become illegal.

Key Legal Restrictions

1. Vaping With Minors in the Car Is Illegal

  • Across Hawaii, it is illegal to vape (or smoke any tobacco product, including e-cigarettes) in a vehicle if there is anyone under 18 years old present.
  • This law applies on all major islands, including Oahu, Hawaii (Big Island), and Kauai, and is enforced by local police.
  • Penalties for violating this law can include a court appearance and fines ranging from $100 for a first offense up to $500 for repeat offenses.

2. Distracted or Careless Driving

  • While vaping itself is not banned for adult drivers, if vaping distracts you or obstructs your view (for example, creating large vapor clouds that impair visibility), you can be cited for distracted or careless driving.
  • Hawaii law encourages drivers to avoid any activity that takes attention away from the road, and police have discretion to issue citations if vaping contributes to unsafe driving.

3. Public Use Bans

  • Hawaii has strict public vaping bans that apply to all locations where smoking is prohibited, including state parks, beaches, and many public spaces.
  • These bans do not extend to private vehicles unless a minor is present, but be aware of your surroundings if you vape in parked cars in public areas.

Summary Table

Situation Is Vaping Legal?
Driving alone/adults only in vehicle Yes, if over 21 and not distracted
Driving with anyone under 18 in vehicle No, illegal statewide
Parked in public space (no minors) Yes, unless local rules prohibit
Vaping causes distracted/careless driving No, can result in citation

Bottom Line

  • Vaping while driving in Hawaii is legal for adults (21+) as long as there are no minors present and you remain in full control of your vehicle.
  • It is illegal to vape in any vehicle occupied by someone under 18.
  • If vaping distracts you or impairs your driving, you can be cited for distracted or careless driving.
  • Always be aware of Hawaii’s strict public vaping bans when parked or stopped in public areas.

Stay informed and vape responsibly to avoid fines and keep everyone safe on the road.

Sources:

  1. https://ecigator.com/regulation/vaping-laws-in-hawaii/
  2. https://www.thekindpen.com/blog/vaping-while-driving-is-it-safe-is-it-legal/
  3. https://ag.hawaii.gov/cjd/tobacco-enforcement-unit/january-2025-letter/
  4. https://legiscan.com/HI/text/HB1116/id/3086327/Hawaii-2025-HB1116-Introduced.html