Vaping while driving is not per se illegal in Alabama, but strict rules apply: it is unlawful to vape in a motor vehicle if a child aged 14 or younger is present, with violations punishable by fines up to $100 per incident. This law applies whether the car is moving or stationary, and regardless of windows being open or closed.
Beginning July 1, 2025, Alabama law will prohibit possession, sale, or distribution of all THC-containing and hemp-derived vapes—including delta-8 and delta-9 products—even for personal use; possession can be prosecuted as a Class C felony, carrying possible prison time and fines up to $15,000. This ban covers all inhalable hemp products, regardless of federal legality, and includes any device designed to deliver cannabinoids through the lungs. These products are deemed contraband and may be seized without a warrant if found in your vehicle or elsewhere, and charges can proceed even if the product was purchased legally before the law changed.
E-cigarettes and nicotine-only vape devices are not banned from general adult possession and use while driving a vehicle as long as no minors under age 14 are present, but there are additional restrictions: vaping is prohibited in vehicles used for transporting children for licensed day care, and emergency medical providers are barred from vaping while operating or riding in ambulances.
Retail restrictions also exist for e-cigarette sales, backgrounding the broader climate: you must be 21 or older to buy such products, and specialty retailers cannot be located within 1,000 feet of youth-focused spaces like schools and parks. For cannabis or hemp-derived vape products of any type, after July 1, 2025, mere possession in your vehicle or person—including while driving—can result in severe criminal penalties.
You may legally vape and drive in Alabama except:
- When transporting children aged 14 or younger (which carries a possible $100 fine per violation).
- If your vape contains THC or is hemp-derived, it will be illegal to possess any such product after July 1, 2025, and can result in felony charges carrying years of prison or steep fines, regardless of whether you are driving or parked.
Always check your product’s ingredients, regulatory updates, and avoid vaping in vehicles with minors; penalties for violating these laws can be severe and are strictly enforced in Alabama.
Sources
[1] https://www.vaughndefense.com/thc-vapes-now-banned-in-alabama-what-hb445-means-for-you/
[2] https://law.justia.com/codes/alabama/title-32/chapter-5a/article-15/section-32-5a-331/
[3] https://www.mobilepd.org/alabamas-no-smoking-law-or-vaping-with-kids-under-14-in-the-car/
[4] https://www.reddit.com/r/HuntsvilleAlabama/comments/1lz2ik5/july_1_2025_alabama_became_the_only_state_where/
[5] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/al
