In Delaware, there is no explicit statewide law that specifically prohibits vaping (using an e-cigarette) while driving.
However, several related laws and regulations significantly restrict where and how you can vape, and they may indirectly affect the legality of vaping while driving.
No Direct Prohibition on Vaping While Driving
Vaping Laws: Delaware law permits adults over 21 to use e-cigarettes and vaping devices, but bans their use in many public places under the Clean Indoor Air Act. The law does not mention driving or operating a vehicle specifically in relation to vaping.
Distracted Driving Laws: Delaware has strict distracted driving laws that prohibit the use of handheld devices while driving. While vaping devices are not explicitly included in the list of prohibited handheld devices (which focuses on cell phones, PDAs, and similar electronics), any activity that distracts the driver and leads to unsafe operation could be cited under broader distracted driving or reckless driving statutes.
Smoking and Vaping in Vehicles with Minors
Smoking Restrictions: Delaware law prohibits smoking in a vehicle (whether moving or at rest) if a person under 16 (or under 18, depending on the specific bill or code version referenced) is present, regardless of whether the windows are open. This restriction does not apply to the sole occupant of a vehicle.
Vaping Included: The Clean Indoor Air Act in Delaware has been amended to include e-cigarettes and vaping in places where smoking is already prohibited. Therefore, while the letter of the law regarding vehicles specifically mentions “smoking,” it is reasonable to assume that vaping would be treated similarly in any enforcement or legal interpretation, especially in the presence of minors.
Marijuana Vaping While Driving
Marijuana Vaping: Vaping marijuana or driving under its influence is strictly illegal in Delaware. Only medical marijuana is permitted, and recreational use remains prohibited.
Summary Table
| Activity | Is it Illegal? | Notes |
|---|---|---|
| Vaping (nicotine) while driving | Not explicitly | No direct law, but could be cited under distracted driving if it affects safety. |
| Vaping with minors in the car | Yes | Vaping is treated like smoking; illegal if minor under 16 (or 18) is present. |
| Vaping marijuana while driving | Yes | Strictly illegal; only medical use is permitted. |
Sources:
1. https://ecigator.com/regulation/vaping-laws-in-delaware/
2. https://www.signs.com/blog/vaping-laws-for-all-50-states/
3. https://www.trustedchoice.com/distracted-driving/delaware-laws/
4. https://delcode.delaware.gov/title16/c029/
