Vaping has become a common alternative to smoking, but many drivers wonder about the legal risks of using e-cigarettes or vape pens behind the wheel. In Louisiana, the law draws clear lines about when and how vaping in a vehicle is allowed. Here’s what you need to know before you take a puff while driving.
Vaping and Driving: The Basics
In Louisiana, the legality of vaping while driving depends on two main factors:
- What you are vaping (nicotine/e-cigarettes vs. marijuana)
- Who is in the vehicle with you (especially children)
Vaping Nicotine/E-Cigarettes While Driving
It is NOT generally illegal for adults to vape nicotine or e-cigarettes while driving in Louisiana-with one major exception:
- If a child under 13 is present in the vehicle:
It is illegal for the driver or any passenger to vape (or smoke cigarettes, cigars, or pipes) in a motor vehicle when a child younger than 13 is present, regardless of whether the windows are open or closed.- Penalty: $150 fine per offense, or at the judge’s discretion, at least 24 hours of community service.
Definition: “Smoke” includes inhaling, exhaling, burning, or carrying any activated aerosol or vapor from any vaping device.
Vaping Marijuana While Driving
It is illegal to vape (or smoke) marijuana in any form in a motor vehicle while it is being operated on a public highway or right-of-way, regardless of the age of passengers.
- This law applies to both drivers and passengers.
- Penalty: $100 fine per offense.
- Enforcement: This is a “secondary offense,” meaning you can only be cited if you are pulled over for another violation (such as speeding).
Summary Table: Louisiana Vaping Laws While Driving
| Situation | Legal? | Penalty |
|---|---|---|
| Vaping nicotine/e-cigarettes while driving | Yes (unless child <13 present) | $150 fine if child under 13 is present |
| Vaping marijuana while driving (any age) | No | $100 fine |
Other Distracted Driving Laws
- Louisiana has strict laws regarding texting and handheld phone use while driving, especially in school zones and for young drivers, but these do not specifically address vaping unless it causes distraction or leads to reckless driving.
- Proposed legislation may further restrict distracted driving behaviors in the future.
Bottom Line
- Vaping nicotine/e-cigarettes while driving is legal for adults, unless a child under 13 is in the car.
- Vaping or smoking marijuana in a moving vehicle is always illegal, for both drivers and passengers.
- Breaking these laws can result in fines and, in some cases, community service.
Always check for updates to Louisiana law, as distracted driving and public health regulations continue to evolve.
Sources:
- https://www.legis.la.gov/legis/Law.aspx?d=408739
- https://law.justia.com/codes/louisiana/revised-statutes/title-32/rs-32-300-4-1/
- https://press-herald.com/new-louisiana-laws-tighten-restrictions-on-vaping-while-driving-expands-access-to-medical-marijuana/
- https://www.lung.org/media/press-releases/sotc-louisiana-2025