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

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

Vaping While Driving in Delaware: The Basics

  • For Adults (21+): Vaping and the use of e-cigarettes is legal for adults over 21 in Delaware, including while driving, as long as it does not violate other laws or specific restrictions.
  • Prohibited with Minors Present: Delaware law makes it illegal to smoke or vape in a vehicle if a minor is present. Specifically:
    • It is prohibited to vape (or smoke any substance) in a vehicle if anyone under 18 years old is present, regardless of whether the vehicle is moving or parked, and regardless of whether the windows are open.
    • This restriction applies to all forms of smoking, including e-cigarettes and vape devices.
    • The law does not apply if the driver is the sole occupant of the vehicle.

Enforcement and Penalties

  • Police officers cannot stop or search a vehicle solely for a suspected violation of this law. However, if a violation is observed during a lawful stop, a civil citation can be issued.
  • The law is designed to protect minors from exposure to secondhand smoke and vapor, reflecting public health priorities.

Other Relevant Restrictions

  • Vaping is also banned in all enclosed public places and many outdoor public spaces under Delaware’s Clean Indoor Air Act.
  • Vaping marijuana or THC products is illegal unless you are a registered medical marijuana patient, and even then, it is subject to additional restrictions.

Vaping and Driving in Delaware

SituationLegal?Notes
Adult vaping while driving aloneYesMust be 21+ and not violating other laws
Vaping with minors (under 18) in vehicleNoIllegal, regardless of windows or movement
Vaping marijuana while drivingNo (except limited medical use)Subject to strict medical laws
Police traffic stop for vaping violationNo (cannot stop solely for vaping)Citation possible if observed during other stops

It is legal for adults to vape and drive in Delaware if no minors are present in the vehicle. However, vaping (or smoking anything) in a car with anyone under 18 is illegal and can result in a civil citation. Always follow posted signage and local regulations, as additional restrictions may apply in certain areas.

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://delcode.delaware.gov/title16/c029/
  5. https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=130176&legislationTypeId=1&docTypeId=2&legislationName=HB118

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