It is not generally illegal to vape while driving in Maine unless you have a minor (anyone under 18) in the vehicle. In that case, it is a traffic infraction and you can be fined. Additionally, distracted driving and local public use restrictions may apply.
Key Points from Maine Law
- Vaping with Minors Present: Maine law explicitly prohibits “smoking”—which includes vaping and use of electronic smoking devices—in a motor vehicle if a minor is present, regardless of whether the windows are open or closed.
- Penalty: $50 fine for each violation.
- Definition: “Smoking” covers inhaling, exhaling, burning, or carrying any lighted or heated tobacco or vapor product.
- Vaping While Driving (No Minors Present): There is no statewide law banning vaping in your car if no minors are present. However:
- Distracted Driving: If vaping distracts you or impairs your ability to drive safely, you could be cited under Maine’s distracted driving laws.
- Local Restrictions: Vaping is banned in certain public places and outdoor areas, so always check for local ordinances if you’re parked or in a public space.
- Public Health and Clean Air Laws: Maine’s Clean Indoor Air Act treats vaping the same as smoking, banning it in most public indoor spaces, some outdoor areas, and in vehicles used for child care or school transport.
Summary Table: Vaping and Driving in Maine
| Situation | Legal? | Notes |
|---|---|---|
| Vaping while driving (no minors) | Yes* | *Unless it causes distracted driving |
| Vaping while driving (minor present) | No | $50 fine, applies even if windows are open |
| Vaping in public spaces (parked car) | Varies | Subject to local and state smoke-free laws |
Bottom Line
- Illegal to vape in a car with anyone under 18 present—this is a ticketable offense in Maine.
- Legal to vape and drive if no minors are present, but you must avoid distracted driving and follow all local and public health regulations.
- Always check for local rules when parked or in public areas.
If you vape and drive in Maine, do so responsibly and never with minors in the vehicle.
Sources:
- https://legislature.maine.gov/statutes/29-a/title29-Asec2120.html
- https://casaa.org/get-involved/state-locator/maine/
- https://usm.maine.edu/public-safety/maine-distracted-driving-laws/
- https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/me