Vaping while driving in Delaware is not explicitly illegal for adults, but there are important restrictions: it is illegal to vape in a vehicle if passengers under age 16 are present, and driving under the influence of marijuana or intoxication by vaping is strictly prohibited.
What Delaware Law Says
- No statewide ban on vaping while driving for adults: There is no explicit law that prohibits vaping while operating a motor vehicle if the driver is age 21 or older and not impaired.
- Passenger age restriction: Delaware law prohibits vaping in any vehicle when passengers under 16 years old are present. This rule protects youth from vapor exposure, but police cannot stop vehicles solely for this violation—it applies if they are stopped for another reason.
- Marijuana and impairment: Vaping marijuana or driving under its influence is illegal regardless of age or medical status, and can result in DUI charges.
- Youth restrictions: Minors (under 21) are strictly prohibited from purchasing, possessing, or using vapor products anywhere—including in vehicles.
Public Use Restrictions
Beyond vehicles, Delaware bans vaping in most enclosed public spaces—such as schools, workplaces, and healthcare settings, mirroring smoking restrictions.
Key Points
- Adults can legally vape and drive unless impaired or with passengers under 16.
- Vaping and driving with minors under 16 present is illegal.
- Driving under the influence of marijuana, nicotine, or any intoxicating substance (from vaping) is illegal.
- Minors cannot vape at all, even in vehicles.
Vaping while driving in Delaware is permitted, except where specifically prohibited for youth exposure or impairment.
Sources
(https://ecigator.com/regulation/vaping-laws-in-delaware/)
(https://indicaonline.com/blog/delaware-marijuana-laws/)
(https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/de)
(https://delcode.delaware.gov/title16/c029/)
(https://www.smokefreepartnership.eu/news/partner-news/disposable-vapes-to-be-banned-by-1st-june-2025)
