Vaping while driving has become a common question as vaping devices grow in popularity. In North Dakota, the legal stance on vaping during driving reflects a balance between modern habits and road safety. Here is what North Dakota law says about vaping and driving as of 2025.
No Specific Ban on Vaping While Driving
North Dakota presently does not have a specific law prohibiting adults (age 21 and older) from vaping while driving a personal vehicle. Unlike some states that explicitly ban vaping or smoking in vehicles, North Dakota’s vaping regulations primarily focus on places of employment, indoor public spaces, and age restrictions. Therefore, simply vaping in a vehicle while driving is not a criminal offense per se.
State’s Comprehensive Vaping Laws
North Dakota defines electronic smoking devices, which include e-cigarettes and vaporizers, broadly and restricts their use indoors in many public places under the state’s smoke-free laws. The state prohibits vaping by minors under 21 and bans vaping on school properties. These laws do not extend directly to private vehicle use by adults on public roads.
Distracted Driving Law Applies
While vaping itself isn’t banned, the state’s distracted driving law can come into play if vaping causes unsafe driving behavior or loss of vehicle control. According to the North Dakota Century Code § 39-08-25, drivers must maintain control of their vehicles and avoid distractions that impair safe operation.
Vaping may lead to a distracted driving citation—a fine of about $100—if an officer determines that vaping led to erratic driving, vision obstruction from vapor clouds, or taking hands/eyes off the wheel for prolonged periods. This means vaping while driving isn’t outright illegal but could result in penalties if it contributes to dangerous driving.
Additional Important Considerations
The minimum age for vaping and tobacco product use remains 21, and minors caught vaping in a vehicle may face legal consequences.
Use of THC-containing vape products while driving can lead to DUI charges if impairment is detected, even without alcohol presence.
Vaping inside work vehicles or commercial vehicles can be subject to indoor air laws and employer policies.
Vaping in a vehicle with minors present is legally discouraged due to health concerns, though no explicit statewide ban mirrors smoking-with-children laws.
Best Practices for Safety and Lawfulness
Even though vaping isn’t specifically illegal while driving, drivers are encouraged to prioritize attention to the road and avoid any activity that can impair driving performance. Keeping vaping minimal and ensuring it does not create large vapor clouds or physical distraction reduces legal risk and promotes safety.
In North Dakota as of 2025, adults may legally vape while driving, as no state law expressly forbids it. However, doing so under circumstances that impair driving ability or cause loss of control can lead to distracted driving citations.
Age restrictions remain in effect, and THC vape use behind the wheel may result in DUI charges. While legal in a narrow sense, vaping and driving carries potential safety and legal risks, urging drivers to exercise caution and responsibility on the road.
Sources
(https://ecigator.com/guide/north-dakota-vaping-driving-laws/)
(https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/nd)
(https://www.breathend.com/publichealthunits/bismarck-tobacco-free/ecigarettesvaping/)
(https://www.hhs.nd.gov/sites/www/files/documents/DOH%20Legacy/Tobacco/ND_TPCP_Synthesis_Report_FY2025.pdf)
(https://www.newsfromthestates.com/article/trio-new-state-laws-will-take-effect-july-1)
