Vaping while driving in Delaware is not explicitly illegal, but there are some important restrictions and considerations to be aware of.
General Vaping Laws in Delaware
Delaware law treats vaping products similarly to traditional tobacco products. The state prohibits the use of e-cigarettes and other vaping devices in most enclosed public spaces, including workplaces, restaurants, bars, and other areas where smoking is banned.
This is part of Delaware’s Clean Indoor Air Act, which aims to protect public health by limiting exposure to secondhand smoke and vapor.
Vaping in Vehicles
While there is no specific law prohibiting vaping while driving for adults, Delaware has enacted legislation that impacts vaping in vehicles under certain circumstances:
- Minors in the Vehicle: As of 2025, it is illegal to smoke or vape in a vehicle if anyone under the age of 18 is present, regardless of whether the vehicle is in motion or stationary. This law aims to protect minors from secondhand smoke and vapor exposure in confined spaces.
- Visibility and Distraction: Although not explicitly stated in vaping laws, using an e-cigarette while driving could potentially be considered a distraction. Delaware has distracted driving laws that prohibit any activity that takes a driver’s attention away from the road.
Enforcement and Penalties
It’s important to note that law enforcement officers cannot stop or search a vehicle solely on suspicion of violating the no-smoking/vaping with minors present law. However, if caught in violation during a traffic stop for another reason, drivers could face penalties.
Additional Considerations
While vaping while driving isn’t specifically outlawed for adults without minors present, there are several reasons to reconsider this practice:
- Visibility: Vape clouds can temporarily obstruct vision, potentially creating a hazardous driving situation.
- Distraction: Handling a vaping device, refilling e-liquid, or adjusting settings can take your attention off the road.
- DUI Concerns: If your e-liquid contains THC or other controlled substances, you could be at risk for a DUI charge.
Conclusion
While Delaware law doesn’t explicitly prohibit vaping while driving for adults, it is illegal when minors are present in the vehicle.
Additionally, vaping while driving could potentially lead to citations for distracted driving or other traffic violations if it impairs your ability to operate the vehicle safely.
As laws regarding vaping continue to evolve, it’s always best to err on the side of caution and avoid vaping while driving to ensure road safety for yourself and others.
Sources:
- [1] https://ecigator.com/regulation/vaping-laws-in-delaware/
- [2] https://www.nbcphiladelphia.com/news/local/delaware-set-to-ban-smoking-in-vehicles-with-children/3649895/
- [3] https://law.justia.com/codes/delaware/title-16/chapter-29/section-2909/
- [4] https://whyy.org/articles/delaware-law-restricting-vaping-takes-hold/
