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

By Rachel Greco

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Is It Illegal to Vape and Drive in Texas Here's What the Law Says

Vaping while driving in Texas is not explicitly illegal under state law if you are 21 or older, but it can lead to legal consequences under certain circumstances. Here’s a detailed breakdown of the legal landscape:

General Legal Status

  • No Direct Prohibition: Texas has no specific law banning vaping while driving. However, existing traffic laws related to distracted or reckless driving may apply if vaping obstructs your vision or impairs control of the vehicle.
  • Age Restrictions: Purchasing, possessing, or using e-cigarettes is illegal for anyone under 21 in Texas, including while driving. Minors caught vaping face fines up to $200, community service, or license suspension.

Key Exceptions and Risks

  1. Distracted Driving Charges
    Vaping could lead to citations under Texas Transportation Code § 545.401 (reckless driving) or § 545.060 (failure to maintain a single lane) if it contributes to erratic behavior or accidents. For example, blowing vape clouds that obscure your view might result in a fine.
  2. THC Vaping
    Possessing any amount of THC (the psychoactive compound in cannabis) in a vape is a felony in Texas, punishable by up to 2 years in jail for ≤1 gram and escalating penalties for larger amounts.
  3. Vaping With Minors in the Car
    Using e-cigarettes in a vehicle with passengers under 15 is prohibited under Texas Health and Safety Code § 161.125, though enforcement varies.
  4. School Zones and Childcare Vehicles
    Vaping is banned in vehicles transporting children to/from schools or childcare centers, with violations potentially leading to fines or disciplinary action.

Practical Considerations

  • Law Enforcement Discretion: Officers may use vaping as grounds for a traffic stop or to investigate other violations (e.g., expired registration).
  • School-Related Penalties: Students caught vaping on school property or at school events face mandatory placement in alternative education programs.

Recommendations

  • Avoid vaping while driving to prevent distractions or secondary charges.
  • Never vape THC products in Texas.
  • Refrain from vaping in vehicles with minors.

In summary, while vaping itself isn’t outlawed for adults, the risks of legal complications make it prudent to avoid vaping behind the wheel.

Sources

  1. https://www.podsalt.com/blog/post/are-you-risking-your-license-by-vaping-in-the-car
  2. https://www.thewebbfirm.com/posts/legal-consequences-of-vaping-in-texas/
  3. https://attorneybrianwhite.com/blog/vaping-laws-in-texas/
  4. https://versustexas.com/teenage-vaping-in-texas/
  5. https://www.findlaw.com/state/criminal-laws/vaping-and-e-cigarette-laws-by-state.html

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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