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
| Situation | Legal? | Notes |
|---|---|---|
| Adult vaping while driving alone | Yes | Must be 21+ and not violating other laws |
| Vaping with minors (under 18) in vehicle | No | Illegal, regardless of windows or movement |
| Vaping marijuana while driving | No (except limited medical use) | Subject to strict medical laws |
| Police traffic stop for vaping violation | No (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
- https://ecigator.com/regulation/vaping-laws-in-delaware/
- https://www.nbcphiladelphia.com/news/local/delaware-set-to-ban-smoking-in-vehicles-with-children/3649895/
- https://law.justia.com/codes/delaware/title-16/chapter-29/section-2909/
- https://delcode.delaware.gov/title16/c029/
- https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=130176&legislationTypeId=1&docTypeId=2&legislationName=HB118
