Is It Illegal to Vape and Drive in West Virginia? Here's What the Law Says

Vaping while driving in West Virginia is not explicitly illegal for adults under current state law as of 2025. However, there are important restrictions and considerations drivers should be aware of:

Vaping and Driving: What the Law Says

No General Ban for Adults: There is no statewide law that specifically prohibits adults from vaping (using e-cigarettes) while operating a motor vehicle.
Ban When Minors Are Present: It is illegal to vape or smoke in a vehicle if there are children (minors under 18) present. This law, enacted in 2024, makes West Virginia one of several states to ban smoking and vaping in cars with minors. Violators can be fined up to $25, but this is a secondary offense—meaning police cannot pull you over solely for vaping with a minor in the car; it can only be cited if you are stopped for another reason.

Additional Considerations

Distracted Driving: While vaping itself is not banned, any activity that distracts you from driving—such as handling a vaping device—could potentially lead to a citation for distracted or careless driving if it affects your control of the vehicle.
Local Ordinances: Always check for any city or county-specific rules, though no major local bans on vaping while driving have been reported as of 2025.
Impairment Laws: Vaping substances containing THC or other impairing drugs is illegal while driving and can result in DUI charges.

Summary Table

Situation	Is Vaping While Driving Legal?
Adult, alone or with other adults	Yes
With minors (under 18) in the vehicle	No (secondary offense, $25 fine)
Vaping THC or impairing substances	No (DUI laws apply)

Adults can legally vape and drive in West Virginia unless there is a minor in the vehicle, in which case it is prohibited and subject to a fine if stopped for another offense. Using a vape to consume illegal or impairing substances while driving is always illegal.

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