With more laws popping up across the U.S. about vaping, many Maryland drivers are asking: Is it illegal to vape while driving? While vaping rules in Maryland have become stricter over the years, the laws mainly focus on age limits, public health, and where vaping is allowed—not necessarily what happens inside your car.
If you vape and drive or are thinking about it, here’s what you need to know about Maryland’s current vaping laws in 2025.
Is Vaping While Driving Illegal in Maryland?
No, it is not illegal to vape while driving in Maryland—if you’re 21 or older. There is no direct law banning adults from using vapes or e-cigarettes in a private vehicle.
However, just like texting or eating while driving, if vaping distracts you or affects your ability to drive safely, you could still face penalties under Maryland’s distracted driving laws.
If children or teens are in the car, things get trickier. Some health and child welfare advocates argue vaping around minors could lead to more rules in the future. So while it’s not currently illegal, it’s highly discouraged.
Maryland’s Vaping Age: 21 and Over
Maryland follows the Tobacco 21 law, which means you must be 21 or older to buy, own, or use vape products. This includes JUULs, pods, vape pens, and e-liquids. A temporary exception for active-duty military members aged 18+ was removed in October 2024.
Now, the rule is clear: no one under 21 can legally buy or use vapes in Maryland.
Retail stores are required to check ID and can face heavy fines if they sell to anyone underage.
Can You Vape Indoors in Maryland?
No. Thanks to changes to the Maryland Clean Indoor Air Act, vaping is banned in all indoor public spaces, including:
Restaurants and bars
Workplaces and offices
Public buildings and meeting spaces
Signs must be posted clearly, and businesses can face fines if they allow vaping indoors. Vaping is also banned in areas where smoking is not allowed, including many public parks and recreational centers.
Selling Vapes in Maryland: What Retailers Must Know
If you want to sell vapes or electronic smoking devices (ESDs) in Maryland, you must be licensed. The license process is quick but required by law. Here are a few key points:
Retailers, wholesalers, importers, and manufacturers must all be licensed.
Product displays must be behind the counter and out of reach of customers.
You cannot offer free samples or give gifts with vape purchases unless your shop is in an adult-only facility.
Tax rates were also increased in 2024: the sales tax on vape products jumped from 12% to 20%.
Enforcement and Penalties
Maryland is serious about enforcing its vape laws. Retailers and sellers who break the rules can face:
$500 fines for the first offense
Up to 90-day license suspension
Stricter action from the Alcohol, Tobacco, and Cannabis Commission (ATCC)
Individuals caught selling or using vape products illegally can also face consequences.
What’s New in 2025?
Several national and local changes have taken place recently:
The FDA continues to crack down on flavored vape products without long-term safety studies.
Vape detectors are being installed in many schools across the D.C.-Maryland area.
A pending Supreme Court case involving Wages and White Lion Investments may reshape vape approval standards nationwide.
Vaping while driving in Maryland is not against the law for adults, but it must not interfere with your driving. At the same time, Maryland has passed stronger regulations to protect young people, including indoor vaping bans, age limits, stricter retail rules, and higher taxes.
Whether you vape or sell vape products, it’s important to stay updated to avoid fines or legal trouble. The laws continue to change—so staying informed is your best protection.
