In Maryland, vaping while driving is not explicitly prohibited under statewide vehicle laws unless it involves cannabis. Here’s a detailed breakdown of the regulations:
Statewide Vehicle Laws
- MD Code, Transportation §21-903:
- Prohibits drivers from smoking or consuming cannabis in the passenger area of a motor vehicle on a highway.
- Applies to all forms of cannabis consumption, including vaping.
- Nicotine Vaping:
- No explicit statewide ban on vaping nicotine while driving.
- The law’s prohibition on “smoking” refers to traditional combustible products (e.g., cigarettes) and does not explicitly include nicotine vaping.
Related Restrictions
- Indoor Public Spaces:
Maryland’s updated Clean Indoor Air Act (2024) prohibits vaping (nicotine, cannabis, or hemp-derived products) in indoor public spaces, workplaces, and public vehicles (e.g., buses, trains). This does not apply to personal vehicles. - Cannabis-Specific Laws:
Vaping cannabis in a vehicle is illegal under §21-903, as cannabis consumption (smoking, vaping, or edibles) in a vehicle’s passenger area is prohibited. - Local Ordinances:
Some municipalities may impose stricter rules, though Maryland’s statewide preemption limits local authority over vehicle laws1.
Key Considerations
- Cannabis vs. Nicotine:
- Cannabis vaping: Illegal in vehicles under §21-903.
- Nicotine vaping: Generally permitted unless local laws apply.
- Enforcement Risks:
Vaping nicotine could lead to distracted driving charges if it interferes with safe vehicle operation. - Passenger Area Definition:
Includes any seating area accessible to the driver or passengers while the vehicle is in operation.
Penalties
- Cannabis Violations: Classified as a traffic violation with potential fines.
- Distracted Driving: Penalties apply if vaping contributes to unsafe driving (e.g., fines, points on license).
Recommendations
- Avoid vaping cannabis in vehicles.
- Limit nicotine vaping to prevent distractions.
- Check local ordinances for additional restrictions.
Maryland prioritizes road safety and cannabis regulation, leaving nicotine vaping while driving largely unaddressed in current statutes.
Sources
- https://govt.westlaw.com/mdc/Document/NFC2E95010EC911ED9F3895554F328224?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=%28sc.Default%29
- https://www.signs.com/blog/vaping-laws-for-all-50-states/
- https://www.marylandtaxes.gov/forms/etaskforce/final-e-facts-report02172020.pdf
- https://elm.umaryland.edu/announcements/2024/Maryland-Clean-Indoor-Air-Act-Prohibits-Smoking-and-Vaping-.php
- https://health.maryland.gov/notobaccosalestominors/Documents/T21,%20Retailer%20FAQ,%20July%208%202019,%20v3.pdf
