If you’re a vaper and a motorist in Wisconsin, understanding the state’s approach to vaping and driving is key to staying on the right side of the law. Here’s a detailed guide to what’s legal, what’s risky, and how new regulations affect vaping behind the wheel in 2025.
Is Vaping While Driving Illegal?
There is no explicit statewide ban on vaping while driving in Wisconsin. Unlike some substances (like alcohol or THC), simply using a nicotine vape behind the wheel is not, by itself, a traffic offense at the state level. However, that doesn’t mean it is always legal or that doing so is risk-free.
Distracted Driving Laws Apply
Wisconsin has strict distracted driving laws. Any behavior that interferes with safe vehicle operation—including vaping that distracts you—can lead to a citation for inattentive or distracted driving. Officers have the discretion to ticket drivers if vaping causes:
- Hands off the wheel
- Eyes off the road
- Cognitive distraction
So, while vaping isn’t directly banned while driving, if an officer observes you blowing a large cloud that obscures your vision, fumbling with a vape device, or otherwise appearing distracted, you can be pulled over and cited.
Special Rules for THC and Cannabis Vapes
Extremely strict laws apply if your vape contains THC, marijuana-derived oil, or any controlled substances. Wisconsin maintains a zero-tolerance policy—any detected amount of THC in your system while driving can result in an OWI (Operating While Intoxicated) charge, regardless of impairment or whether cannabis was used legally in another state.
This includes vape pens containing THC or related concentrates. Possession of THC vape products is also illegal in Wisconsin and can result in harsh penalties, including misdemeanors or felonies.
What About Passengers and Minors?
Smoking and vaping laws in Wisconsin apply mostly to drivers, but some local ordinances or school zones may have stricter rules regarding vaping near minors or on public property. Always check local signage and ordinances for city-specific restrictions.
New Vaping Product Regulations (2025 Update)
Wisconsin’s new PMTA Registry Law (effective September 1, 2025) restricts the sale of non-FDA approved vaping products. After this date, most common disposable vapes and flavored e-liquids will be illegal for sale in the state. While this impacts what products you can legally purchase or possess, it does not directly target using these devices while driving—unless the product itself is illegal for possession.
Bottom Line: Can You Vape and Drive in Wisconsin?
Vaping with nicotine or flavor-only e-liquids while driving is NOT outright illegal at the state level.
If vaping distracts you from safe driving, you can be ticketed for inattentive or distracted driving.
THC or cannabis vapes are always illegal to possess or use while driving—and any amount in your body can lead to an OWI arrest.
Local ordinances may impose stricter rules, so always be aware of city-specific regulations.
Stay attentive, keep your hands on the wheel, and never use any illegal substances before or while driving. When in doubt, save the vape for after you park!
Sources
[1] https://www.eauclaireattorney.com/blog/2024/11/e-cigarettes-and-driving-regulations-in-wisconsin/
[2] https://d8superstore.com/is-it-illegal-to-vape-and-drive
[3] https://www.schwabalaw.com/blog/distracted-driving/
[4] https://neroduidefense.com/blog/thc-and-owi-charges-in-wisconsin-what-drivers-need-to-know/
[5] https://www.grievelaw.com/WisconsinDrug/VapePensDabsWaxOil
