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

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

Illinois law does not specifically make it illegal to vape while driving a private vehicle. As of 2025, there is no statewide ban on vaping behind the wheel for adults, and using an e-cigarette or vape pen while driving a car is not expressly prohibited by state law. However, there are important legal and practical points to consider:

Distracted Driving: While vaping and driving isn’t explicitly outlawed, it could be considered a form of distracted driving under Illinois law. If vaping leads to reckless or inattentive driving—such as swerving, taking your eyes off the road, or fumbling with the device—you may be ticketed for distracted driving or careless operation of your vehicle.

Minors in the Vehicle: Some other states prohibit vaping in vehicles with passengers under 18, but Illinois does not currently have such a law. Still, drivers should be cautious, especially near children or other sensitive passengers.

Local Ordinances: Certain Illinois municipalities may have their own rules against vaping while driving, so be aware of local laws, particularly in larger cities or specific communities.

Public Vehicles and Places: As of January 1, 2024, vaping is illegal in all “public places”—including public transportation, taxis, and any vehicle or building open to the public—as part of the amended Smoke-Free Illinois Act. But this does not extend to private vehicles unless they are being used for commercial or public transport purposes.

Age and Product Laws: It is illegal for anyone under 21 to purchase or possess vaping products in Illinois. Retailers must check IDs and comply with strict “Tobacco 21” laws.

For most adult drivers in private vehicles, vaping and driving is not itself a crime in Illinois. However, vaping can be cited if it results in distracted or reckless driving, and strict bans apply in public vehicles or when stopped within 15 feet of entrances to public spaces. Always check for additional local ordinances and remember that safety—and common courtesy—should guide your actions on the road.

Sources

[1] https://d8superstore.com/is-it-illegal-to-vape-and-drive
[2] https://ecigator.com/regulation/vaping-laws-in-illinois-guide/
[3] https://news.wttw.com/2024/01/02/new-illinois-laws-you-need-know-2024-indoor-vape-ban-paid-time-doxing-and-more
[4] http://www.smoke-free.illinois.gov
[5] https://dph.illinois.gov/topics-services/prevention-wellness/tobacco/e-cigarettes-and-vapes.html

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