Vaping while driving is a growing concern nationwide, especially as states update laws to address public health and road safety. Delaware’s approach to vaping and driving is shaped by a combination of tobacco control, vaping regulations, and distracted driving laws. Here’s a detailed look at what is and isn’t allowed under current Delaware law as of 2025.
Vaping Laws in Delaware: The Basics
- Legal Age: Vaping and the use of e-cigarettes are legal for adults over 21 in Delaware. It is illegal for anyone under 21 to purchase or possess vape products, including devices and e-liquids.
- Public Use Restrictions: The Delaware Clean Indoor Air Act prohibits vaping in most enclosed public spaces, such as restaurants, workplaces, healthcare facilities, and public transit. Some localities have additional restrictions for outdoor areas like parks and beaches.
- Product Restrictions: The sale of all flavored vape products is banned, but unflavored vape juice and devices are permitted. There is also a state tax on vape products.
Vaping in Vehicles: What the Law Says
Smoking (Including Vaping) in Cars with Children
Delaware law specifically addresses smoking in vehicles when minors are present:
- Ban with Minors Present: It is illegal to smoke (including vaping and e-cigarettes) in any vehicle-whether moving or parked-if a person under the age of 18 is present. Earlier versions of the law set the age at 16, but recent updates have raised this to 18.
- Applies to All Tobacco Products: The law does not distinguish between traditional cigarettes, cigars, or vape devices. Any form of smoking or vaping is covered.
- Scope: The law applies to all motor vehicles on public roadways, with exceptions for certain vehicles like those powered by animals or used for farming.
Enforcement and Penalties
- Civil Citation: Violating this law results in a civil citation, not a criminal charge.
- No Vehicle Stops for This Alone: Police cannot stop or search a vehicle solely for a suspected violation of this smoking-in-vehicles law. Enforcement is generally secondary-meaning you would only be cited if stopped for another reason.
- Fines: Specific fine amounts are set by statute and may change, but the law is designed to discourage smoking or vaping around minors rather than to be punitive.
Is It Illegal to Vape and Drive If No Minors Are Present?
- No Explicit Ban: Delaware law does not specifically prohibit adults from vaping while driving if no minors are present in the vehicle. For adults over 21, vaping in a private vehicle is generally legal unless it violates another law or local ordinance.
- Distracted Driving Risks: Delaware has strict distracted driving laws. While vaping is not explicitly listed as a prohibited activity, any behavior that distracts a driver-such as handling a vape device, blowing large clouds that obscure vision, or otherwise losing focus-could lead to a citation under general distracted driving statutes. Police may cite drivers if vaping is deemed to impair their ability to drive safely.
Key Takeaways
- Vaping or smoking in a vehicle with anyone under 18 is illegal in Delaware, regardless of whether the car is moving or parked.
- Police cannot pull you over solely for vaping with a minor in the car, but you can be cited if stopped for another reason.
- For adults driving alone or with other adults, vaping while driving is not specifically prohibited, but you must avoid distracted driving.
- Vaping in public places is heavily restricted, and all users must comply with the Clean Indoor Air Act and local ordinances.
Vaping and Driving in Delaware
| Scenario | Legal? | Notes |
|---|---|---|
| Vaping while driving alone (over 21) | Yes | Unless distracted driving occurs |
| Vaping with minors (under 18) in the vehicle | No | Civil citation; secondary enforcement |
| Vaping in public places (most) | No | Prohibited by Clean Indoor Air Act |
| Vaping by those under 21 | No | Illegal to possess or use |
It is not outright illegal for adults to vape and drive in Delaware, but it is strictly prohibited if anyone under 18 is in the vehicle. Additionally, all drivers must avoid distracted driving, which can include vaping if it interferes with safe vehicle operation. Delaware’s laws reflect a balance between adult choice and protecting minors from exposure to secondhand vape aerosols, with enforcement focused primarily on safeguarding children’s health.
Sources:
- https://delcode.delaware.gov/title16/c029/index.html
- https://www.nbcphiladelphia.com/news/local/delaware-set-to-ban-smoking-in-vehicles-with-children/3649895/
- https://ecigator.com/regulation/vaping-laws-in-delaware/
- https://www.trustedchoice.com/distracted-driving/delaware-laws/
- https://law.justia.com/codes/delaware/title-16/chapter-29/section-2909/
