Vaping has become commonplace, but its legality while driving in Oregon involves specific rules and important exceptions. Here’s a detailed look at Oregon’s legal landscape regarding vaping and driving as of 2025.
Vaping in Cars: The Core Law
Oregon law makes a clear distinction depending on who’s in the car with you. The key statute is Oregon Revised Statutes (ORS) 811.193, which states:
It is illegal to vape (use any “inhalant delivery system”) in a motor vehicle if there is anyone under 18 present. This ban is designed to protect children from secondhand exposure to vapor and applies to both the driver and passengers.
The law’s broad definition covers all e-cigarettes, vape pens, and any electronic devices delivering vapor or aerosols, regardless of whether they contain nicotine, cannabis, or any other substance.
Nature of the Offense and Penalties
What About Adults Vaping While Driving?
For adults (over 21) driving alone or with other adults, there is no specific Oregon law prohibiting the act of vaping a nicotine product while driving—as long as no one under 18 is in the car.
However, other rules and risks still apply:
Distracted Driving:
Police may cite drivers for distracted driving if vaping impairs safe vehicle operation. Examples include handling a vape device, exhaling large vapor clouds that obscure vision, or any action causing you to lose focus or fail to control your vehicle.
Oregon’s distracted driving law (ORS 811.507) gives officers discretion to cite any behavior that takes attention from driving, which includes vaping if it creates a hazard.
Marijuana Vaping Is Strictly Illegal While Driving
Regardless of age or passengers present, vaping marijuana while driving is categorically illegal. Doing so is considered Driving Under the Influence of Intoxicants (DUII) in Oregon, carrying serious legal consequences, even for small amounts or if you are not visibly impaired.
Vaping in Work and Public Vehicles
Oregon’s Indoor Clean Air Act extends to vehicles that are not exclusively operated by a single employee or are used for work purposes—vaping is not allowed in most work vehicles.
Best Practices for Drivers
Do not vape with anyone under 18 in the car—ever.
Be mindful: Vaping while driving can lead to distracted driving citations if it affects your control or attention.
Never vape marijuana behind the wheel.
In public or work vehicles, err on the side of caution and don’t vape unless you’re certain it’s allowed.
In Summary
Illegal: Vaping in a car if anyone under 18 is present.
Legal but risky: Vaping nicotine (not marijuana) while driving alone or with adults, as long as it doesn’t distract you from safely operating the vehicle.
Strictly illegal: Vaping marijuana while driving.
Enforcement: Vaping with minors in the car is a secondary offense—cited only if stopped for another violation.
Understanding these laws ensures you protect yourself and others while respecting Oregon’s approach to health and road safety.
Sources
[1] https://ecigator.com/guide/oregon-vaping-driving-laws/
[2] https://codes.findlaw.com/or/title-59-oregon-vehicle-code/or-rev-st-sect-811-193/
[3] https://oregon.public.law/statutes/ors_811.193
[4] https://thetimesweekly.com/2025/05/e-cigarette-use-in-cars-can-lead-to-distracted-driving-fines/
[5] https://www.mdkaplanlaw.com/distracted-driving.html
