As vaping becomes increasingly popular, many drivers wonder if using an e-cigarette while behind the wheel is legal. In South Carolina, the intersection of vaping and driving laws raises important questions about safety and legality, especially with new distracted driving regulations taking effect in 2025.
No Specific Law Banning Vaping While Driving
Currently, South Carolina does not have a specific law that explicitly forbids adults from vaping while driving a vehicle. Adults aged 21 and older may vape nicotine products while operating a private vehicle without violating a specific vaping ban.
However, this does not give drivers free rein to vape irresponsibly. Vaping while driving falls under general distracted driving laws if it causes unsafe driving behavior. So, although the act of vaping itself is not illegal, it can be legally consequential if it leads to dangerous driving.
How Vaping Can Lead to Distracted Driving Violations
South Carolina’s distracted driving laws primarily focus on electronic device use, especially texting while driving. The new Hands-Free and Distracted Driving Act coming into effect on September 1, 2025, prohibits drivers from holding mobile electronic devices, with fines beginning February 28, 2026.
While vaping devices are not covered by this handheld device ban, the physical and cognitive distractions caused by vaping—such as handling the device, blowing vapor, or obstructed visibility from vapor clouds—could qualify as distracted driving. Police may cite drivers for careless or reckless driving if vaping compromises vehicle control or attention.
Vaping Marijuana or Impairing Substances Is Illegal
It is critical to distinguish between vaping nicotine and vaping cannabis or other intoxicants. Driving under the influence of marijuana or any impairing substance is illegal in South Carolina and subject to severe penalties, including fines, license suspension, and jail time.
Therefore, vaping marijuana while driving is explicitly prohibited, even if the driver uses hands-free controls for other devices.
Hands-Free Driving Law Impact on Vaping and Driving
The Hands-Free and Distracted Driving Act, effective September 2025, emphasizes the need for drivers to keep their hands free and attention on the road. It bans holding or supporting mobile electronic devices but does not explicitly mention vaping devices.
Nonetheless, with stronger enforcement against distracted driving, drivers who vape in ways that cause unsafe driving could still face legal consequences under general traffic safety laws.
Tips for Drivers Who Vape
Avoid vaping while driving: The safest choice to prevent distraction and legal trouble is to refrain from vaping when behind the wheel.
Pull over safely: If you need to vape, stop in a safe location such as a parking lot or rest area.
Be aware of impairment: Never vape substances that impair your ability to drive safely.
Stay informed: Keep up with changes in South Carolina’s distracted driving laws as enforcement increases.
Vaping While Driving in a Legal Gray Area
vaping nicotine while driving in South Carolina is not explicitly illegal but poses risks under distracted driving laws. The upcoming Hands-Free and Distracted Driving Act tightens restrictions on electronic device use while driving but does not directly address vaping. Drivers should prioritize safety, consider legal implications, and avoid vaping while operating a vehicle to stay compliant and reduce accident risk.
Sources
(https://www.nmb.us/CivicAlerts.aspx?AID=1321)
(https://governor.sc.gov/news/2025-07/gov-henry-mcmaster-signs-hands-free-and-distracted-driving-bill-law)
(https://ecigator.com/guide/south-carolina-vaping-driving-laws/)
(https://www.scstatehouse.gov/sess126_2025-2026/bills/287.htm)
(https://www.hindustantimes.com/world-news/us-news/new-hands-free-driving-law-in-south-carolina-what-american-drivers-must-know-before-september-1-101754509140481.html)
