Yes, it is illegal to vape while driving in Maryland. The law specifically prohibits drivers from consuming or using cannabis products, including vaping, while operating a motor vehicle on a highway.
Key Points of the Law
Prohibited Activities The Maryland Transportation Code, Section 21-903, states that:
- A driver of a motor vehicle may not consume an alcoholic beverage, smoke cannabis, or consume cannabis in a passenger area of a motor vehicle on a highway.
- This prohibition applies to the entire state of Maryland.
Definition of Passenger Area The law defines the passenger area as:
- The area designed to seat the driver and any passenger while the vehicle is in operation.
- Any area that is readily accessible to the driver or a passenger from their seating positions.
Applicability This law applies to motor vehicles that are:
- Driven
- Stopped
- Standing
- Otherwise located on a highway
It’s important to note that while the law specifically mentions cannabis, it is part of a broader effort to regulate the use of electronic smoking devices (ESDs) and vaping products in Maryland. The state has been taking steps to limit exposure to environmental smoke and improve public health.
Recent Developments
As of July 1, 2024, Maryland has expanded its indoor smoking ban to include vaping. The Clean Indoor Air Act now prohibits vaping in virtually all indoor public spaces and workplaces. While this doesn’t directly address vaping while driving, it demonstrates the state’s commitment to regulating vaping and e-cigarette use more broadly.
In conclusion, vaping while driving in Maryland is illegal, particularly when it involves cannabis products. Drivers should refrain from using any vaping devices or consuming any substances while operating a vehicle to comply with state law and ensure road safety.
Sources
- https://govt.westlaw.com/mdc/Document/NFC2E95010EC911ED9F3895554F328224?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=%28sc.Default%29
- https://www.marylandtaxes.gov/forms/etaskforce/final-e-facts-report02172020.pdf
- https://health.maryland.gov/phpa/OEHFP/EH/pages/clean-indoor-act.aspx
- https://en.wikipedia.org/wiki/List_of_vaping_bans_in_the_United_States
- https://www.reddit.com/r/maryland/comments/14h3c0p/under_maryland_law_you_can_be_charged_with_dui_3/
