Massachusetts law does not specifically prohibit vaping (using e-cigarettes) while driving a private vehicle. There is no statewide statute that makes it illegal for an adult to vape inside their own car, whether the vehicle is in motion or parked.
Where Vaping Is Prohibited
Massachusetts has some of the strictest e-cigarette regulations in the country, but these focus primarily on:
- Prohibiting vaping in workplaces, indoor public places, schools, state buildings, public transportation, and other designated smoke-free areas.
- Local cities and towns may have stricter ordinances, so always check your municipality’s rules.
Distracted Driving Laws Still Apply
While vaping itself is not banned while driving, distracted driving laws are strictly enforced. If vaping causes you to lose focus, take your hands off the wheel, or otherwise drive unsafely, you could be cited for distracted driving under Massachusetts’ “hands-free” law.
This law prohibits holding or using a mobile electronic device while driving, but does not specifically mention e-cigarettes or vaping devices. However, any activity that distracts you from safe vehicle operation can result in a citation.
Special Considerations
- Minors and School Zones: It is illegal for anyone to vape on school property, including in vehicles on school grounds.
- Commercial Vehicles and Public Transit: Vaping is prohibited in public transportation vehicles and other state vehicles.
- Open Container Analogy: Unlike alcohol or marijuana, there is no “open container” law for e-cigarettes in Massachusetts.
Penalties for Related Offenses
- Distracted Driving: First offense is a $100 fine, escalating for repeat offenses.
- Untaxed/Illegal Vape Products: Severe fines for possessing or transporting untaxed vaping products, but this is unrelated to use while driving.
It is not illegal to vape and drive in Massachusetts as long as you are not violating distracted driving laws or vaping in a place where it is otherwise prohibited (such as school grounds or public transportation).
Use caution, as any activity that distracts you from driving safely can still result in a citation. Always check for local ordinances, as some municipalities may have stricter rules.
Sources:
- https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/ma
- https://www.nbcboston.com/news/politics/massachusetts-new-laws-2025/3588858/
- https://www.mass.gov/info-details/massachusetts-law-about-smoking
- https://ash.org/massachusetts-nicotine-free-generation-bill-introduced-a-sensible-step-toward-ending-the-tobacco-epidemic/