In New Hampshire, there is currently no law that specifically prohibits vaping while driving for adults when there are no minors present in the vehicle.
Vaping in a car is generally treated similarly to smoking in terms of legal restrictions: if smoking is banned in certain situations, vaping is often included in those bans, but this does not mean vaping is always illegal while driving.
However, there are important caveats and context to consider:
No Explicit Ban for Adults Alone: As of now, you may vape while driving in New Hampshire if you are an adult and there are no passengers under a certain age in the vehicle, but you must always maintain full control of your vehicle.
Prohibited with Minors Present: Although a bill (HB 1244) was introduced in 2024 to prohibit smoking and vaping in vehicles with passengers under age 16, it was not passed and is not law. Therefore, currently, there is no law in New Hampshire that specifically bans vaping in a vehicle with minors present.
Traffic and Distraction Laws Apply: While not directly illegal, if vaping causes you to drive carelessly or become distracted, you could be cited under general traffic laws for driving without due care and attention. Police can issue citations if they believe vaping is affecting your driving.
Public Health and Youth Access: New Hampshire law prohibits the sale and possession of e-cigarettes or liquid nicotine by anyone under age 21. Use of e-cigarettes is also banned in certain public places, but these restrictions do not specifically address private vehicles.
In summary, vaping while driving is not explicitly illegal in New Hampshire unless it leads to distracted or unsafe driving, in which case you could face penalties under existing traffic laws. No current law bans vaping in vehicles with minors, despite past legislative attempts.
Sources:
1. https://legiscan.com/NH/text/HB1244/id/2868251
2. https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/nh
3. https://www.dhhs.nh.gov/programs-services/population-health/tobacco-prevention-cessation/electronic-cigarettes
