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

Published On:
Is It Illegal to Vape and Drive in Oregon? Here's What the Law Says

In Oregon, the rules around vaping while driving aren’t entirely clear-cut. As of 2025, vaping with nicotine products is not explicitly illegal, but it can still get you into trouble if it distracts you and affects your ability to drive safely. Let’s break down the law so you know what’s allowed and what could lead to a ticket.

Vaping and Distracted Driving

While there’s no law that directly bans vaping and driving, Oregon’s distracted driving law (ORS 811.507) could apply. If vaping causes you to lose focus or impair your driving, you could be cited for distracted driving. Here are some ways vaping could lead to a citation:

Handling the vape device while driving

Exhaling large vapor clouds that temporarily block your vision

Any vaping-related actions that cause erratic or unsafe driving

If vaping distracts you to the point that you can’t drive safely, police can issue a citation under distracted driving laws.

Specific Legal Restrictions on Vaping and Driving

There are certain situations where vaping while driving is either restricted or illegal in Oregon. Let’s take a look at the key rules:

1. Vaping in a Vehicle with Minors Present

It is illegal to vape in a vehicle if there is anyone under the age of 18 inside. This rule is under ORS 811.193, and the penalties can include fines ranging from $250 to $500. This is considered a secondary offense, meaning you can only be fined if you’re pulled over for another reason (such as speeding or erratic driving).

2. Vaping Marijuana While Driving

It is strictly illegal to vape marijuana while driving in Oregon. This falls under Driving Under the Influence of Intoxicants (DUII) laws, which means if you’re caught vaping marijuana in a vehicle, it is treated the same way as drinking and driving.

Oregon has a zero-tolerance policy for this, and the penalties are severe, including possible DUII charges.

3. Oregon’s Indoor Clean Air Act

Although not directly related to driving, Oregon’s Indoor Clean Air Act prohibits vaping in certain public spaces and vehicles used for work.

While this law focuses more on public health and workplaces, it does give guidelines on where vaping is restricted, but it does not specifically affect vaping while driving unless the vehicle is used for work.

Summary of Vaping and Driving Laws in Oregon

Here’s a quick look at when vaping is allowed or prohibited while driving in Oregon:

SituationIs It Legal to Vape While Driving?Notes
Adult (21+) Driving Alone or with AdultsYes (nicotine products allowed, with caution)Subject to distracted driving laws (ORS 811.507)
Driving with Anyone Under 18NoProhibited under ORS 811.193 with fines
Vaping Marijuana While DrivingNoConsidered DUII with strict penalties

Best Practices for Vaping and Driving

Avoid distractions: Even if vaping is allowed, it’s safest to avoid any activity that can distract you while driving. If vaping takes your attention away from the road, it could lead to a citation.

Never vape marijuana in a vehicle: Oregon law takes this very seriously. Vaping marijuana while driving is treated the same as drunk driving, so avoid it at all costs.

Be mindful of minors: If you have someone under 18 in your car, don’t vape—it’s illegal and can lead to fines.

While vaping with nicotine products is not explicitly banned while driving in Oregon, you must always ensure it doesn’t distract you or impair your ability to drive safely.

The law is stricter when it comes to vaping marijuana in a vehicle or having minors inside the car. To stay safe and within the law, avoid vaping if it distracts you while driving, and never vape marijuana in a car.

[1] https://ecigator.com/guide/oregon-vaping-driving-laws/
[2] https://casaa.org/get-involved/state-locator/oregon/
[3] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/or

Leave a Comment