Vaping has become a common sight on roads, in parks, and even near schools. But if you’re driving through Virginia and wondering whether it’s legal to vape while behind the wheel, you’re not alone. With changing laws and tighter restrictions, it’s important to understand what Virginia’s 2025 vaping laws allow—and what they don’t.
Whether you’re a resident or just visiting, this guide explains what you need to know about vaping and driving in Virginia, including where vaping is banned, who can buy vape products, and how the laws are evolving.
Is It Illegal to Vape and Drive in Virginia?
As of 2025, vaping while driving is not directly illegal in Virginia for adults aged 21 and over. There is no specific law that bans vaping inside a private vehicle—unless it’s interfering with safe driving or involves passengers under the legal age.
However, if you’re distracted by vaping—such as fiddling with a vape device while driving—or blowing clouds that reduce visibility, it could lead to a reckless or distracted driving charge. Also, vaping in a car with a minor present may be restricted under child safety or endangerment laws, especially if local jurisdictions have specific rules.
Age Restrictions: Who Can Legally Vape?
Virginia follows the federal “Tobacco 21” law. That means you must be 21 or older to legally buy or use e-cigarettes, vape pens, or liquid nicotine. It is illegal for anyone under 21 to purchase or use nicotine vapor products, and retailers must verify the buyer’s age using valid ID.
A 2024 law repealed criminal penalties for underage possession but shifted enforcement toward retailers. Selling to anyone under 21 comes with steep fines—up to $10,000 and a suspended license after repeated offenses.
Where Is Vaping Banned in Virginia?
Even though vaping in your own car may not be banned, it is prohibited in certain public places across the state, especially those focused on youth and health safety.
Schools and Parks
Vaping is completely banned in all public K-12 schools, on school buses, and at school-related events. It’s also banned in park buildings where smoking is not allowed.
Public Transport
You cannot vape on Virginia Railway Express (VRE) trains, and vaping is banned within 100 feet of the north end of VRE station platforms.
Indoor Spaces
Virginia’s Clean Indoor Air Act doesn’t clearly ban vaping in all public places. That means vaping may be allowed indoors—unless the business, workplace, or local city law says otherwise. Always check posted signs or ask staff if you’re unsure.
What About Buying or Selling Vape Products?
Virginia’s vaping laws have gotten stricter, especially for sellers. Starting July 1, 2025, vape manufacturers must register and certify their products with the Virginia Attorney General, proving they meet federal FDA guidelines.
If a product isn’t on the official product directory by December 31, 2025, it cannot be legally sold in Virginia. Sellers have 60 days to remove non-compliant products or face fines of $1,000 per day per product.
Also, online vape sales directly to consumers in Virginia are banned unless shipped to a licensed retail store.
Vape Taxes in Virginia
As of July 2024, Virginia charges $0.11 per milliliter of liquid nicotine. This applies to all e-liquids or vape pods sold in the state. Heated tobacco products are taxed separately at 20% of their wholesale price.
Vaping while driving is not illegal in Virginia if you’re 21 or older, but it must not distract you or endanger others. However, vaping is banned in schools, certain parks, on trains, and near public transport stations.
Retailers must follow strict rules, and vape products must now meet FDA and state certification standards to be sold legally. Whether you’re a driver, parent, or vape store owner, staying updated with Virginia’s vaping laws can help you avoid fines and protect your health.
