In Oregon, vaping while driving is not explicitly banned by law, but it can fall under the state’s distracted driving regulations. While adults aged 21 and older are generally allowed to vape nicotine products while operating a vehicle, there are important restrictions and considerations to keep in mind regarding safety and legality.
The key piece of legislation relevant to this issue is Oregon Revised Statutes (ORS) 811.507, which prohibits distracted driving behaviors that impair safe vehicle operation. Vaping, like smoking, involves handling a device and producing vapor, which can potentially distract a driver. Law enforcement officers have the discretion to cite drivers if their vaping causes them to drive unsafely—for example, if they take their hands off the wheel to adjust or refill the device, their vision is obstructed by large vapor clouds, or their vehicle movement becomes erratic.
More narrowly, Oregon law (ORS 811.193) strictly prohibits smoking or vaping any inhalant delivery system, including e-cigarettes and vape pens, in vehicles when a person under 18 years of age is present. This law applies to both the driver and any passengers. Violating this prohibition is a secondary traffic offense, meaning an officer cannot pull a driver over solely for vaping with minors present but can issue a citation if another primary traffic violation is observed. Penalties for this offense range from fines up to $250 for the first violation and up to $500 for subsequent offenses.
Additionally, vaping marijuana is treated differently under Oregon law. It is illegal to consume or vape marijuana while driving under the state’s Driving Under the Influence of Intoxicants (DUII) laws, regardless of the driver’s age or whether passengers are present.
Adults vaping nicotine products while driving in Oregon are not breaking the law per se, provided they do so safely without distracting themselves or others. Vaping in the presence of minors inside the vehicle, however, is clearly illegal and subject to fines. Furthermore, any marijuana vaping while driving is prohibited under DUII statutes. Motorists are advised to prioritize safety at all times, avoid behaviors that divert their focus from driving, and never vape when children are riding in the car to remain compliant with Oregon law.
Sources
[1] https://ecigator.com/guide/oregon-vaping-driving-laws/
[2] https://casaa.org/get-involved/state-locator/oregon/
[3] https://oregon.public.law/statutes/ors_811.193
[4] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/or
[5] https://www.oregon.gov/oha/ph/preventionwellness/tobaccoprevention/pages/index.aspx
