The legality of vaping while driving in Colorado hinges on what substance you are vaping, your age, and whether your actions affect safe driving or expose minors to secondhand aerosol.
For adults over 21 who are vaping nicotine or flavored vape products (not marijuana), no specific state law prohibits vaping while operating a private vehicle. Colorado’s Clean Indoor Air Act bans smoking and vaping in most public indoor places but exempts private vehicles that are not used for childcare or public transport. However, law enforcement can still ticket a driver for careless or distracted driving if vaping impairs your ability to operate a vehicle safely. Local ordinances may impose additional restrictions, and using a vape in a manner that distracts from safe driving may result in penalties under general traffic safety laws.
Marijuana is an entirely different case. While Colorado has legalized recreational and medical marijuana for adults, using cannabis in any form—including vaping—while driving is strictly illegal. State law (CRS 42-4-1305 and related statutes) prohibits the use, display, or consumption of marijuana in a vehicle, even by passengers. Having an open container of marijuana (including vape cartridges that are in use or have a broken seal) is itself an infraction similar to Colorado’s open container law for alcohol. If you are vaping marijuana in your vehicle, you can face charges for an open container violation and for driving under the influence (DUI) or driving while ability impaired (DWAI) if you are found to be impaired, regardless of your marijuana blood levels.
Colorado sets a “per se” THC impairment standard: drivers with 5ng/ml or more of active delta-9 THC in their blood can be prosecuted for DUI, but you can still be charged with DUI or DWAI based on observed impairment even below this threshold. Marijuana impairment is treated very seriously by law enforcement, and DUI convictions can result in fines, jail time, and the loss of your license.
If there are minors in the car, vaping of any kind is generally not permitted, consistent with Colorado’s child protection principles and public health policies. Providing nicotine or tobacco products—vapes included—to anyone under 21 is strictly prohibited, and minors cannot legally possess vaping products.
It is important to recognize that federal law still prohibits marijuana possession and use, so using cannabis vape products on federal land, including national parks or forests, is illegal regardless of Colorado’s state law.
- Vaping nicotine while driving is not specifically outlawed for adults, but risky and potentially ticketable if it distracts you.
- Vaping marijuana in a vehicle—whether parked or moving—is always illegal and risks multiple penalties, including DUI.
- Drivers and passengers alike must avoid all open consumption or possession of open marijuana containers in cars.
- Never vape anything in a vehicle with minors present.
- Local rules and additional safety laws may further restrict vaping while driving, so always check for city- or county-specific ordinances.
For public safety and to avoid legal issues, it’s always best to refrain from vaping while driving in Colorado, especially with cannabis or when children are in the car.
Sources
[1] https://ecigator.com/regulation/colorado-vaping-driving-laws/
[2] https://collincountymagazine.com/2025/08/04/is-it-illegal-to-vape-and-drive-in-colorado-heres-what-the-law-says/
[3] https://www.orrlaw.com/blog/2025/may/puff-puff-pass-the-keys-colorado-marijuana-drivi/
[4] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/co
[5] https://cannabis.colorado.gov/responsible-use/safety-while-impaired/smoking-and-secondhand-smoke
