Vaping—using electronic cigarettes or other electronic nicotine delivery systems—has become common in Nebraska and nationwide. But is it illegal to vape while driving in Nebraska? Here’s a detailed look at what state law says and what drivers need to understand before taking that next puff behind the wheel.
The Short Answer: Generally Legal, with Exceptions
Vaping while driving is generally legal in Nebraska for adults, but there are important restrictions and exceptions—especially when minors are present or if vaping affects your ability to drive safely.
Nebraska E-Cigarette Law Basics
E-cigarettes are considered “tobacco products” in Nebraska and are regulated under state law.
It is illegal for anyone under 21 to possess or use e-cigarettes, or vape in any form, anywhere—including in vehicles.
Vaping is prohibited in every enclosed indoor workplace and public place under the Nebraska Clean Indoor Air Act, but this does not apply to private vehicles except commercial vehicles where an employer has established a policy.
There is currently no state law that specifically makes it illegal for an adult to vape while driving their private vehicle.
Driving with Minors and Secondhand Vaping
If minors are present in the car, vaping while driving is prohibited. Nebraska law treats vaping with minors in the vehicle similarly to traditional smoking, prioritizing child health and welfare.
Vaping in a vehicle with minors can result in fines and other penalties—so adults should never vape with children onboard.
Local and Employer Policies
Distracted and Impaired Driving Laws Still Apply
Like any behavior that distracts from operating a motor vehicle safely, vaping could land you in legal trouble if it interferes with your driving.
Large vapor clouds that obstruct your view, fiddling with your vape device, or being otherwise distracted could be considered careless or distracted driving under Nebraska law, and you could be ticketed or charged if there’s an accident or a traffic stop as a result.
Commercial Vehicles
Best Practices for Vaping Drivers
Never vape in a car with minors.
Ensure vaping does not cause distraction, block your visibility, or interfere with safe driving.
Check for local laws, rental car policies, and employer policies before vaping on the road.
Do not vape in commercial vehicles unless expressly allowed.
For adults, vaping while driving in Nebraska is generally legal, provided there are no minors present and you are not distracted or otherwise in violation of other traffic laws. However, laws can evolve, and local rules or employer policies may impose stricter limitations. When in doubt, avoid vaping behind the wheel—especially when transporting kids or when safety could be compromised.
Sources
[1] https://collincountymagazine.com/2025/07/03/is-it-illegal-to-vape-and-drive-in-nebraska-heres-what-the-law-says/
[2] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/ne
[3] https://dhhs.ne.gov/Pages/Smoke-Free-FAQ.aspx
[4] https://www.3newsnow.com/news/local-news/e-cigarette-use-no-longer-allowed-indoors-nebraska-clean-indoor-air-act-changes-on-november-14
[5] https://www.signs.com/blog/vaping-laws-for-all-50-states/
