Vaping has become widespread in recent years, and many Marylanders wonder if it’s legal to vape while driving. The law surrounding vaping and driving in Maryland is nuanced, with implications for safety and legality that every driver should understand. Here’s a detailed breakdown of Maryland’s vaping and smoking laws as they relate to driving in 2025.
No Explicit Ban on Vaping While Driving Alone
As of 2025, Maryland law does not explicitly prohibit adults from vaping nicotine products or smoking cigarettes while driving if there are no minors in the vehicle. Vaping and smoking are generally regulated regarding indoor public spaces and workplaces but do not have specific bans for private vehicle use among adults. This means vaping while driving alone or with other adults in a private car is not per se illegal under Maryland statute.
However, this absence of a direct legal ban does not give drivers free rein to vape without consequences. Maryland’s distracted driving laws provide a broad framework whereby any activity distracting a driver and impairing safety—including vaping—can result in penalties if it leads to unsafe driving behavior or accidents.
Distracted Driving Laws Apply to Vaping
Maryland takes distracted driving seriously. Vaping can be considered a distraction if it causes drivers to take their eyes or hands off the wheel or split their mental focus. Legal definitions of distracted driving include manual, visual, and cognitive distractions—all of which can arise from vaping or smoking behind the wheel.
If law enforcement observes erratic driving linked to vaping—such as swerving or delayed reactions—the driver may be cited for distracted or careless driving. Maryland is a primary enforcement state for distracted driving, so officers can stop drivers solely for these offenses. Consequences may include fines, points on the driver’s license, or intensified penalties if injuries occur.
Vaping or Smoking with Minors is Not Specifically Banned Yet
Maryland does not currently have a statewide law forbidding vaping or smoking tobacco products inside a vehicle with children present. A bill (HB 1392) aimed at prohibiting this was introduced during the 2025 legislative session but was withdrawn and is not law. Although it is strongly discouraged for health reasons, there is no specific legal penalty for vaping with minors in the car at this time.
Cannabis Vaping or Smoking in Vehicles is Illegal
Unlike nicotine products, smoking or vaping cannabis in a vehicle is strictly prohibited in Maryland. Both drivers and passengers are banned from consuming cannabis inside motor vehicles on highways, with violations resulting in civil penalties or DUI charges if impairment occurs behind the wheel.
Maryland law treats cannabis consumption while driving as a serious offense, with potential fines, license suspensions, and jail time. This is separate from but in addition to standard DUI laws against impaired driving.
Summary and Safety Advice
Vaping tobacco/nicotine while driving is currently legal in Maryland unless it causes distracted driving.
Drivers can be cited for distracted driving if vaping impairs their focus or control of the vehicle.
No statewide ban yet on vaping or smoking tobacco in cars with minors, though health experts discourage it.
Cannabis use by driver or passenger in vehicles is strictly prohibited.
The safest legal advice is to avoid vaping or smoking while driving to ensure full attention on the road and avoid legal risk.
Maryland law permits vaping nicotine products while driving in private vehicles without minors, but vaping can lead to distracted driving citations if it impairs safe driving. Cannabis vaping or smoking inside vehicles is illegal at all times. Drivers should prioritize safety and minimize distractions by avoiding vaping during vehicle operation to stay fully compliant with Maryland’s road safety laws.
Sources
(https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb1392?ys=2025RS)
(https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/md)
(https://ecigator.com/guide/maryland-vaping-smoking-driving-laws/)
(https://health.maryland.gov/phpa/OEHFP/EH/pages/clean-indoor-act.aspx)
(https://www.fresortech.com/vaping-laws-in-maryland-a-comprehensive-guide)
