In Tennessee, vaping while driving is not explicitly illegal, but there are important limitations and legal considerations to understand. The state allows adults 21 and older to vape or smoke tobacco or nicotine products while driving private vehicles, except in certain restricted situations such as state-owned vehicles or when children are present.
However, any action that distracts a driver or impairs their ability to control the vehicle safely could lead to citations under distracted or reckless driving laws.
Legal Exceptions and Restrictions
State-Owned Vehicles: Smoking or vaping is prohibited at all times in state-owned or leased vehicles.
Child-Care Transport: If you are driving a vehicle used for child-care transport (daycare, school bus), vaping and smoking are strictly forbidden while children are present.
Underage Drivers and Passengers: The law prohibits tobacco or vapor product use by anyone under the age of 21, with possession being a civil offense.
Marijuana and THC Products: Vaping marijuana or hemp-derived THC products while driving is illegal and treated as driving under the influence (DUI) with severe penalties.
Distracted Driving Concerns
While vaping may be legal in many circumstances, Tennessee’s distracted driving laws cover any activity that takes a driver’s attention away from safely operating the vehicle. This means vaping could contribute to a citation if law enforcement observes that it causes erratic driving, delayed reaction, or loss of vehicle control.
The law requires drivers to exercise due care and devote their full attention to the road. If vaping leads to distracted driving, officers can issue citations for reckless or careless driving, which may carry fines and points on your license.
Vaping in Cars with Children
While Tennessee’s laws generally exempt private vehicles from smoking bans, there is no current statewide law explicitly banning vaping or smoking in private cars when children are present. Proposed bills to protect children from second-hand smoke and vapor exposure in vehicles have not passed. As a result, vaping around children in cars remains legal but controversial.
Legal Penalties and Consequences
Distracted Driving Citation: Vaping-related distractions that impair safe driving can lead to traffic tickets, fines, or points on your license.
DUI Charges: Vaping intoxicating substances like marijuana while driving results in DUI charges with penalties including fines, jail time, and license suspension.
Fines and Civil Offenses: Underage possession or use of vaping products is punishable by fines and civil penalties.
Practical Tips for Tennessee Drivers
Vape only when safe and when it does not distract you from driving.
Avoid vaping in vehicles used for child transport or state vehicles.
Never vape intoxicants while driving.
Be mindful of local and municipal regulations that may add additional restrictions.
Prioritize road safety over vaping habits to avoid legal trouble.
Vaping and Driving in Tennessee Requires Caution
While vaping and smoking tobacco or nicotine products while driving is generally allowed for adults in Tennessee, legal caveats exist especially around distracted driving and use of intoxicating substances. The law emphasizes safe driving practices above all and holds drivers responsible if vaping impacts their ability to operate vehicles safely.
Sources
[1] https://ecigator.com/guide/tennessee-vaping-driving-laws/
[2] https://abc3340.com/news/nation-world/new-vape-laws-in-effect-for-tennessee-and-virginia
[3] https://collincountymagazine.com/2025/08/09/is-it-illegal-to-vape-and-drive-in-tennessee-heres-what-the-law-says/
[4] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/tn
[5] https://ecigator.com/regulation/tennessee-vaping-laws-guide/
