Vaping has become a popular alternative to traditional smoking, but many Maine drivers wonder if using a vape while behind the wheel is legal. The answer is nuanced. While Maine does not explicitly outlaw vaping while driving, several laws and regulations affect how and when you can vape in your vehicle.
Vaping and Driving: No Direct Ban but Legal Risks Remain
In Maine, there is no specific statute that outright bans vaping while driving for adults when no minors are present. However, vaping can still lead to legal trouble if it creates a distraction or impairs your ability to focus on driving safely.
Maine’s distracted driving laws prohibit any activity that interferes with your control of the vehicle or your attention to the road. For example, adjusting a vape device, dealing with large vapor clouds that obscure your view, or fumbling with your e-cigarette can be cited as distracted driving behaviors.
Protecting Minors: Vaping and Smoking in Cars With Children is Illegal
Maine law explicitly prohibits smoking or vaping inside any motor vehicle when a minor is present, regardless of whether the windows are open or the vehicle is moving. This law, found in Maine Revised Statutes Title 29-A, §2120, extends the definition of smoking to include electronic smoking devices such as e-cigarettes, vape pens, and similar devices.
Violating this provision results in a traffic infraction carrying a $50 fine. The law’s intent is to shield children from secondhand smoke and aerosol exposure inside vehicles.
Distracted Driving Laws Cover Vaping Distractions
Though vaping is not named specifically in distracted driving laws, Maine’s general provisions aim to keep drivers focused on the road. Under 29-A MRS §2118, any activity that significantly distracts a driver can be grounds for a citation.
Law enforcement officers may issue a distracted driving ticket if vaping causes erratic driving, takes your hands off the wheel, or obstructs vision. Repercussions can range from fines for traffic infractions to more severe penalties if distracted vaping leads to an accident.
Vaping Cannabis While Driving Is Absolutely Illegal
Maine also strictly prohibits the consumption of marijuana, including vaping cannabis, while operating a vehicle. The presence of open cannabis containers in the passenger area triggers a traffic infraction, and driving under the influence of any intoxicant carries criminal penalties.
Summary of Maine’s Vaping and Driving Laws
| Scenario | Legal Status | Legal Considerations | Penalties |
|---|---|---|---|
| Vaping Tobacco (Alone/Adults) | Legal (no direct ban) | Subject to distracted driving laws | Fines/citation if distraction occurs |
| Vaping/Smoking with Minor | Illegal | Prohibited by law; minor under 18 present | $50 fine for traffic infraction |
| Vaping Cannabis While Driving | Illegal | Prohibited under open container and OUI laws | Traffic infraction or criminal charges |
Best Practices for Drivers Who Vape
While vaping behind the wheel is not outright illegal for adults alone, it carries risks. It is always safest to avoid any activity that diverts attention from driving. If you vape, be mindful of handling your device only when stopped and avoid creating vapor clouds that could impair your vision. Also, never vape when children are passengers.
In Maine, vaping while driving is not explicitly banned, but it can lead to traffic citations if it distracts you or others on the road. The state strictly forbids vaping or smoking in vehicles when minors are present and forbids cannabis consumption entirely while driving. Understanding these laws helps you stay safe and compliant with Maine’s road safety standards.
Always prioritize your attention on driving and be aware that distracted driving laws apply broadly—even to vaping. Avoid vaping behind the wheel if it risks your control or focus, and never vape in cars with children to stay within the law.
This approach balances personal freedom with public safety, aiming to prevent accidents caused by inattention on Maine’s roads.
Sources
[1] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/me
[2] https://ecigator.com/guide/maine-vaping-smoking-driving-laws/
[3] https://www.signs.com/blog/vaping-laws-for-all-50-states/
[4] https://legislature.maine.gov/statutes/29-a/title29-Asec2120.html
[5] https://collincountymagazine.com/2025/06/28/is-it-illegal-to-vape-and-drive-in-maine-heres-what-the-law-says/
