There is no explicit law in Maine that prohibits the act of vaping (using an electronic smoking device) while driving—provided you are not under the influence and are not violating other laws such as distracted driving or smoking with minors present. However, Maine law is strict about what constitutes “tobacco products,” and vaping devices are included in this definition.
Key Restrictions
1. Distracted Driving Laws
Maine has a hands-free driving law that prohibits using, manipulating, or otherwise interacting with a handheld electronic device while driving, unless you are using a hands-free mode or the device is mounted and you are making minimal contact (e.g., a single tap or swipe).
If vaping while driving causes you to become distracted (for example, by operating or adjusting your vaping device in a way that takes your hands off the wheel or your attention off the road), you could be cited for distracted driving.
2. Vaping with Minors in the Vehicle
It is illegal to smoke (which includes vaping, as Maine law defines “smoking” to include inhaling or exhaling vapor from an electronic smoking device) in a motor vehicle when a minor under the age of 16 is present. The penalty for violating this law is a $50 fine.
3. Driving Under the Influence
While not specific to vaping, it is illegal to drive under the influence of any substance, including nicotine or cannabis, if it impairs your ability to drive safely. This could be relevant if you are vaping cannabis products or if your vaping impairs your driving.
Summary Table
| Situation | Is it legal? | Notes/Exceptions |
|---|---|---|
| Vaping while driving (alone) | Not explicitly illegal | Must not be distracted; device must not be hand-operated in violation of law |
| Vaping while driving with minors | Illegal | If minor under 16 is present; $50 fine |
| Vaping cannabis while driving | Illegal | Cannabis use in vehicles is prohibited; also illegal to drive under the influence |
| Vaping while distracted | Illegal | Could be cited under distracted driving laws |
Sources:
1. https://legislature.maine.gov/statutes/29-a/title29-Asec2120.html
2. http://www.maine.gov/dafs/ocp/resources/faq
3. https://www.reddit.com/r/Maine/comments/1apjm0c/maine_laws/
