If you’re a driver in Maine who vapes or smokes, it’s essential to understand the state’s laws to ensure you’re compliant and avoid legal issues. Can you use your vape pen during your commute or light up a cigarette on the highway?
The answer depends on several factors, including whether minors are present in the vehicle and how vaping or smoking may affect your ability to drive safely. Let’s break down the key laws regarding vaping and smoking behind the wheel in Maine.
Vaping and Smoking with Minors in the Car is Illegal
The most important regulation regarding smoking and vaping while driving in Maine is designed to protect minors from the harmful effects of secondhand smoke and aerosol exposure.
Under Maine Revised Statutes Title 29-A, §2120, it is illegal to smoke in a motor vehicle when a minor is present. This law also applies to vaping, as it now falls under the same category as smoking.
Key Points
It is illegal to smoke or vape in a vehicle with a minor (under 18) present.
The law includes all forms of smoking: cigarettes, cigars, pipes, and electronic smoking devices such as e-cigarettes and vape pens.
The law applies regardless of whether the windows are open or if the vehicle is stationary or in motion.
A violation is considered a traffic infraction and results in a $50 fine.
In 2015, Maine expanded the definition of “smoking” to include electronic smoking devices, recognizing that the risks of exposure to nicotine and chemicals are similar for both traditional and electronic products.
Vaping or Smoking While Driving Alone
For adults aged 21 and over, there is no specific law prohibiting vaping or smoking while driving alone or with other adults (no minors in the vehicle). Maine’s primary concern in its laws has been protecting minors from secondhand exposure, not regulating smoking or vaping for adults in their private vehicles.
However, this does not mean vaping or smoking while driving is entirely risk-free.
The Role of Distracted Driving Laws
Even though vaping and smoking aren’t explicitly banned for adults, Maine’s distracted driving laws (29-A MRS §2118) could still apply if these activities impair your ability to drive safely.
Distracted driving laws prevent operating a vehicle while engaging in activities that could interfere with your ability to drive, such as taking your eyes off the road, using your hands inappropriately, or failing to maintain control of your vehicle.
Examples of distracted driving
Taking your hands off the wheel to search for, adjust, or use a vape pen or light a cigarette.
Taking your eyes off the road to adjust settings on the vape device or deal with hot ash.
Exhaling a large vapor cloud or smoke that obscures your vision temporarily, affecting your ability to see the road and surrounding traffic.
Erratic driving behaviors such as swerving or drifting because your attention is divided.
If your vaping or smoking leads to any of these dangerous behaviors, you could face a distracted driving citation, which comes with fines and potential more severe consequences if an accident occurs.
Potential Consequences of Distracted Driving
If you’re cited for distracted driving due to vaping or smoking, the penalties can range from minor fines to severe criminal charges if the activity causes an accident.
Penalties may include
Fines for the first offense as a traffic infraction.
Jail time: If the distraction leads to an accident, you could be charged with “driving to endanger” and face up to 6 months in jail.
Fines of up to $1,000.
License suspension from 30 to 180 days.
If the accident results in fatalities, charges for vehicular homicide could be brought, leading to even more serious consequences.
Absolute Prohibition: Vaping or Smoking Marijuana While Driving
Maine has strict laws when it comes to consuming marijuana in any form while in a vehicle, whether you’re the driver or the passenger. Under 29-A MRS §2112-B, smoking or vaping cannabis in a vehicle on a public road is explicitly illegal.
Key Points
Vaping or smoking cannabis (including in any form) is not allowed in any vehicle on a public way in Maine.
Possessing an open cannabis container in the passenger area of a vehicle is a traffic infraction.
Operating under the influence (OUI) laws apply if you’re driving while impaired by marijuana, carrying severe penalties for those caught driving under the influence of any intoxicant, including marijuana.
These laws are in place to ensure that drivers are not impaired by drugs while on the road, which is a serious safety concern.
Summary: Vaping and Smoking While Driving in Maine
Legal Scenarios and Penalties
| Scenario | Is it Legal? (21+) | Governing Law / Considerations | Potential Penalties |
|---|---|---|---|
| Vaping/Smoking Tobacco (Alone or with Adults) | Yes | No explicit ban, but subject to distracted driving laws (29-A MRS §2118). | None, unless it leads to distracted driving citation (fines, potential for more serious charges if an accident occurs). |
| Vaping/Smoking Tobacco (with Minor <18 Present) | No | Explicitly prohibited under 29-A MRS §2120. | $50 fine (traffic infraction). |
| Vaping/Smoking Cannabis (Driver or Passenger) | No | Explicitly illegal under open container laws (29-A MRS § 2112-B) and OUI laws. | Traffic infraction for open container; serious criminal penalties for OUI. |
While Maine law does not explicitly prohibit vaping or smoking while driving alone for adults, it is important to keep in mind that distracted driving laws may still apply if these activities impair your ability to drive safely. The safest approach is always to stay focused on the road and avoid any distractions that could lead to dangerous driving.
For drivers with minors in the vehicle, vaping and smoking are strictly prohibited, with a fine for violators. Additionally, vaping or smoking marijuana in a vehicle is illegal and can result in severe legal consequences.
By understanding Maine’s regulations and prioritizing safety, you can protect yourself, your passengers, and everyone else on the road.
