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

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

As of 2025, there is no Montana state law that specifically prohibits vaping while driving. Montana is unique in that it does not have any statewide distracted driving laws—meaning activities like vaping, eating, or even using a cell phone while driving are not expressly banned at the state level.

Distracted Driving and Local Ordinances

  • Statewide: Montana is the only state in the U.S. without a statewide distracted driving ban. Vaping while driving, though potentially distracting, is not illegal under state law.
  • Local Laws: Some Montana cities and counties have enacted their own distracted driving ordinances, primarily targeting texting or handheld cell phone use. These local rules do not generally mention vaping, but you should check the specific laws in your city or county to be certain.

Age Restrictions and Vape Product Laws

  • The federal minimum age to purchase or possess vaping products is 21. It is illegal for anyone under 21 to purchase or use e-cigarettes or vape devices in Montana, in line with federal law.
  • There are no Montana laws that make it illegal for adults (21+) to vape in a private vehicle.

Safety and Enforcement

  • Distracted Driving: While vaping and driving is not illegal, it can be considered a form of distracted driving if it interferes with your ability to operate the vehicle safely. If your vaping leads to erratic driving or a traffic violation, you could still be cited for careless or reckless driving under general traffic safety laws.
  • Local Exceptions: Always check for posted signs or local ordinances, especially in cities with stricter distracted driving rules.

Summary Table

Activity Statewide Legal Status Local Restrictions Possible? Notes
Vaping while driving Legal Yes (check local laws) Not explicitly banned statewide
Underage vaping in car Illegal Yes Federal law: 21+ only
Causing distraction/accident while vaping Illegal (as careless/reckless driving) Yes General safety laws apply

Vaping while driving is not specifically illegal in Montana under state law, but it is illegal for those under 21 to possess or use vape products. If vaping distracts you and leads to unsafe driving, you can still be ticketed for careless or reckless driving. Always check for local ordinances and drive safely.

Sources:    

  1. https://www.wecard.org/state-summary/MT
  2. https://vapetm.com/pages/montana-vape-vending-laws-and-permits
  3. https://www.trustedchoice.com/distracted-driving/montana-laws/
  4. https://billingsmix.com/unique-driving-laws-in-montana-is-distracted-driving-illegal/