As e-cigarettes and vaping devices become more prevalent, Montana residents and visitors may wonder: Is it legal to vape while driving? The short answer is that there is no Montana law specifically prohibiting vaping while behind the wheel—but there are important restrictions and considerations to keep in mind.
Montana’s Vaping Laws: An Overview
Montana defines a “vapor product” as any noncombustible device that uses a heating element or electronic means to produce vapor from a solution or substance, regardless of shape or size. This includes e-cigarettes, vape pens, and similar devices. While these products are legal for adults, the state imposes several key regulations:
Age Restrictions: It is illegal to sell or distribute vapor products to anyone under the age of 18, and federal law raises this minimum to 21 in many cases. Possession or use by those under 18 is also prohibited, with fines for violations.
Indoor Use: As of 2025, Senate Bill 390 amended the Montana Clean Indoor Air Act to include vaping in the definition of “smoking.” This means vaping is now banned in all indoor public spaces and workplaces, just like traditional smoking.
School Property: Vaping is prohibited on public school property.
Retail Licensing: Retailers must obtain a license to sell vapor products.
Vaping While Driving: What’s Allowed?
There is no specific Montana statute that makes it illegal to vape while driving. The law does not address vaping while operating a motor vehicle directly.
However, drivers should be aware that general distracted driving laws could come into play. If vaping causes a driver to become distracted or operate their vehicle unsafely, law enforcement could issue a citation for careless or reckless driving. The key factor is whether the act of vaping interferes with safe driving.
Local Ordinances and Additional Considerations
Some Montana cities and counties have adopted their own ordinances that go beyond state law, but these primarily address indoor vaping and sales, not driving. As of now, no local government in Montana has passed a law specifically targeting vaping while driving.
Sources:
1. https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/mt
2. https://archive.legmt.gov/bills/2023/billpdf/HB0293.pdf
3. https://www.signs.com/blog/vaping-laws-for-all-50-states/
