Vaping while driving in West Virginia is not outright illegal for adults, but there are important restrictions and new laws you should know-especially if minors are in the vehicle.
General Laws on Vaping and Driving
- There is no statewide law that specifically prohibits vaping (using e-cigarettes) while driving for adults in private vehicles.
- However, using e-cigarettes in state-owned vehicles is prohibited.
Vaping with Minors in the Car
- West Virginia passed a law in 2024 banning smoking and vaping in vehicles when a minor is present.
- The law makes it illegal for anyone 18 or older to smoke or vape in a car with someone under 16 years old.
- This is a secondary offense: police cannot pull you over just for vaping with a minor in the car. You can only be fined if you are stopped for another traffic violation.
- The penalty is a $25 fine.
Impaired and Distracted Driving
- Driving while impaired by any substance, including drugs or alcohol, is illegal in West Virginia. If vaping involves THC or another impairing substance, you could be charged with DUI.
- Distracted driving laws prohibit actions that take your attention off the road, such as using electronic devices for texting, video, or data entry. While vaping itself is not directly mentioned, if vaping distracts you and leads to unsafe driving, you could face penalties under these laws.
Youth Restrictions
- It is illegal for anyone under 18 to use or possess tobacco or vapor products in West Virginia.
- The sale and distribution of vapor products to minors is prohibited.
Vaping and Driving Laws in West Virginia
| Situation | Legal Status | Notes |
|---|---|---|
| Adult vaping while driving (no minors) | Allowed | Except in state-owned vehicles |
| Vaping in state-owned vehicles | Prohibited | Applies to all drivers |
| Vaping with minors (<16) in the car | Prohibited (Secondary Offense) | $25 fine if stopped for another reason |
| Vaping with impairing substances (e.g., THC) | Illegal (DUI) | DUI laws apply if impaired |
| Under 18 vaping/possessing e-cigarettes | Illegal | Statewide ban for minors |
Key Takeaways
- Vaping and driving is generally legal for adults, but not with minors under 16 in the car.
- Impaired or distracted driving is always illegal, regardless of the substance or device.
- State-owned vehicles have stricter rules.
- Minors cannot vape or possess vape products at all.
If you have more specific questions about vaping laws or want details on enforcement, feel free to ask!
Sources:
- https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/wv
- https://transportation.wv.gov/communications/PressRelease/Pages/Drive_High_Get_a_DUI_Drug-Impaired_Driving_is_Illegal_and_Deadly.aspx
- https://www.salangolaw.com/west-virginia-distracted-driving-law/
- https://www.theintelligencer.net/news/top-headlines/2019/01/bill-in-west-virginia-senate-would-ban-smoking-vaping-in-cars-when-minors-are-present/
- https://www.cbsnews.com/pittsburgh/news/west-virginia-bans-smoking-in-cars-with-kids/
