As vaping continues to grow in popularity, many people wonder whether it’s legal to vape while driving. In North Dakota, there is no specific law that prohibits adults from vaping behind the wheel of their personal vehicles.
However, there are still several important regulations and considerations to be aware of, especially when it comes to distracted driving and other related laws.
Vaping and Driving in North Dakota
No Specific Ban on Vaping While Driving
As of July 2025, North Dakota does not have a law that specifically bans vaping while driving for adults in personal vehicles. This means that vaping on its own is not a primary offense under the state’s traffic laws. However, that does not mean vaping while driving is entirely without consequences.
Age Restrictions on Vaping
While adults are free to vape in their personal vehicles, it is illegal for anyone under the age of 21 to use, possess, or purchase any tobacco product, including vapes and e-cigarettes, anywhere in North Dakota. This age restriction applies to all public and private spaces.
Indoor and Public Space Vaping Ban
North Dakota’s smoke-free law includes e-cigarettes and vaping devices, meaning that vaping is prohibited in all indoor public places, workplaces, and within 20 feet of entrances, exits, and ventilation systems of these areas.
However, this restriction does not apply to private vehicles, unless the vehicle is being used for work or public transportation.
Distracted Driving and Vaping
While vaping itself is not illegal while driving, North Dakota has strict laws regarding distracted driving. If vaping distracts you or causes unsafe driving, you can be cited for distracted driving. Here’s what you should know:
Distracted Driving Laws
North Dakota has a broad distracted driving law, which includes activities that take attention away from the road. If vaping causes you to lose focus, obstructs your vision with vapor clouds, or leads to unsafe driving, such as swerving or delayed reactions, you could be cited for distracted driving.
Enforcement and Fines
Police can issue a $100 fine if they determine that vaping contributed to distracted or unsafe driving behavior. Examples of risky driving behavior that can lead to a fine include:
Creating dense vapor clouds that obstruct your view of the road.
Taking your hands off the wheel or eyes off the road to adjust or refill your vape device.
Any action that impairs your ability to safely control the vehicle
Sources:
1. https://ecigator.com/guide/north-dakota-vaping-driving-laws/
2. https://ecigator.com/guide/
3. https://www.breathend.com/publichealthunits/bismarck-tobacco-free/ecigarettesvaping/
4. https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/nd
