Is It Illegal to Vape and Drive in Louisiana? Here’s What the Law Says

By Rachel Greco

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Is It Illegal to Vape and Drive in Louisiana Here's What the Law Says
Yes, it is illegal to vape and drive in Louisiana under certain circumstances. Here’s what the law says about vaping while driving in the state: According to Louisiana Revised Statute 32:300.4.1, it is unlawful for the operator or any passenger in a motor vehicle to smoke or vape any form of marijuana, tetrahydrocannabinol, or chemical derivatives thereof while the vehicle is being operated on a public highway or right-of-way.
The law defines “smoke” as inhaling, exhaling, burning, or carrying any activated aerosol or vapor or any lighted cigarette, cigar, pipe, weed, plant, or other combustible substance in any manner or form.

This definition includes vaping. Additionally, Louisiana Revised Statute 32:300.4 prohibits the operator or any passenger in a motor vehicle from smoking cigarettes, pipes, cigars, or using any vaping devices when a child younger than thirteen is present in the vehicle. This applies regardless of whether the windows are down. Key points to remember:

  1. Marijuana vaping: It is explicitly illegal to vape any form of marijuana while driving or as a passenger in a moving vehicle on public roads.
  2. Vaping with minors: It is illegal to use vaping devices in a vehicle when a child under 13 is present. Violating this law can result in a fine of $150 per offense or, at the judge’s discretion, a sentence of at least 24 hours of community service.
  3. General vaping while driving: While the Clean Indoor Air Act has not been amended to prohibit vaping where smoking is prohibited, vaping in vehicles is specifically prohibited when a child under the age of 13 is present.
  4. Enforcement: Law enforcement can only enforce the marijuana vaping prohibition as a secondary action when detaining a driver for another violation. However, it’s considered a nonmoving violation and won’t be included on the driver’s operating record.
  5. Local ordinances: Some municipalities in Louisiana have ordinances that prohibit vaping where smoking is prohibited, which may include vehicles in certain circumstances.

It’s important to note that while these laws specifically address certain situations, it’s generally advisable to avoid vaping while driving for safety reasons. Vaping can be distracting and may impair your ability to operate a vehicle safely.

Source
  1. https://legis.la.gov/Legis/Law.aspx?d=1294891
  2. [2] https://www.legis.la.gov/legis/Law.aspx?d=408739
  3. [3] https://casaa.org/get-involved/state-locator/louisiana/

Rachel Greco

Rachel Greco covers life in US County, including the communities of Grand Ledge, Delta Township, Charlotte and US Rapids. But her beat extends to local government, local school districts and community events in communities that surround Lansing. Her goal is to tell compelling stories about the area that matter to local readers.

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