Vaping regulations in Louisiana have undergone important updates focusing on the safety and well-being of vehicle occupants, especially children. While vaping itself is legal for adults, Louisiana law specifically restricts vaping in certain situations within motor vehicles. This article breaks down what you need to know about vaping while driving in Louisiana and the related legal implications.
Vaping and Driving: Legal Status in Louisiana
Louisiana does not explicitly prohibit vaping while driving for adult drivers. However, the law does regulate vaping under specific circumstances inside motor vehicles. The key restrictions focus primarily on protecting children from exposure to vaping aerosols.
According to Louisiana Revised Statutes § 32:300.4, it is unlawful for the operator or any passenger to smoke or vape any tobacco or vaping products in a motor vehicle when a child under the age of 13 is present. This includes cigarettes, pipes, cigars, and vaping devices regardless of whether the vehicle windows are open or closed.
Laws Specific to Marijuana and Vaping While Driving
Louisiana has a separate law prohibiting the vaping or smoking of marijuana or any marijuana-related substances in a moving vehicle on public highways or right-of-ways. Violations of this law carry a fine of $100 and represent a nonmoving violation enforced only as a secondary action after another violation is noticed by law enforcement.
This means vaping marijuana in a car is illegal in Louisiana but vaping nicotine-based products for adults remains legal unless a child is present.
Penalties for Illegal Vaping in Vehicles
For vaping or smoking tobacco products in a vehicle with a child under 13, violators face a fine of $150 per offense or may be sentenced to at least 24 hours of community service at the judge’s discretion. The law is strictly enforced to protect children’s health from the harmful effects of secondhand smoke and vapor.
For vaping marijuana in a vehicle, the penalty is a $100 fine, and it is classified as a nonmoving violation, not affecting the driver’s record.
Enforcement and Practical Considerations
Law enforcement officers enforce the tobacco vaping ban when a minor is visibly present in the vehicle.
Vaping tobacco or nicotine in a moving vehicle without a child present is not illegal and typically not an enforcement priority.
Vaping marijuana in a car is illegal regardless of passenger age but only enforced as a secondary violation.
Drivers should be especially cautious about vaping in vehicles with children to avoid penalties and protect their health.
While Louisiana permits adults to vape tobacco or nicotine products while driving, the state places clear restrictions against vaping or smoking in vehicles when children under 13 are present. Vaping marijuana in vehicles is outright illegal during operation on public roads.
Violations involving children carry monetary fines and possible community service. Understanding these rules helps drivers comply with Louisiana law and safeguard children from exposure to vaping-related emissions during car rides.
Sources
[1](https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/la)
[2](https://www.legis.la.gov/legis/Law.aspx?d=408739)
[3](https://legis.la.gov/Legis/Law.aspx?d=1294891)
[4](https://law.justia.com/codes/louisiana/revised-statutes/title-32/rs-32-300-4-1/)
[5](https://press-herald.com/new-louisiana-laws-tighten-restrictions-on-vaping-while-driving-expands-access-to-medical-marijuana/)
