Is It Illegal to Vape and Drive in Hawaii? Here’s What the Law Says

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Is It Illegal to Vape and Drive in Hawaii Here's What the Law Says

Vaping while driving in Hawaii is not explicitly illegal for adults, provided you are safely operating your vehicle and not otherwise violating traffic laws. There are no statewide statutes that ban the act of vaping behind the wheel for drivers who are 21 or older. However, there are important restrictions and exceptions you must know.

Key Restrictions: Minors in the Vehicle

It is illegal to vape in any motor vehicle in Hawaii if there is a person under 18 years old present.
This prohibition is part of Hawaii’s broader tobacco and electronic smoking device (ESD) regulations, which treat vaping the same as smoking for public health purposes. The law is clear:

“E-cigarettes use is illegal in all places where smoking is prohibited including, but not limited to … in any motor vehicle, whenever occupied by a person less than eighteen years of age.”

Violating this law can result in fines and other penalties.

Other Important Considerations

  • Age Restrictions: The legal age to purchase, possess, or use any vaping product in Hawaii is.
  • Distracted/Unsafe Driving: Even though vaping itself is not banned for adult drivers, if vaping distracts you or impairs your ability to drive safely, you could be cited for careless or reckless driving.
  • Windshield Obstruction: Creating large vapor clouds that obscure your view could result in a citation for obstructed vision or unsafe operation.
  • Public & Private Spaces: Vaping is banned in many public places, including state parks, beaches, and workplaces, but these bans do not extend to private vehicles unless a minor is present.

Table

SituationLegal?Notes
Vaping while driving (adult, alone)YesLegal if not distracted or unsafe
Vaping while driving (minor in car)NoIllegal—subject to fines
Vaping as a passenger (no minors)YesSame rules as driver
Vaping in parked car (public place)Sometimes restrictedIf in a park, beach, or near building entrance
Vaping causes unsafe driving/obstructionNoCan be cited for careless/reckless driving
  • It is legal to vape and drive in Hawaii if you are 21 or older and there are no minors (under 18) in the vehicle.
  • It is illegal to vape in a vehicle with anyone under 18 present, regardless of who is vaping.
  • Unsafe or distracted driving due to vaping can still result in traffic violations.
  • Always be mindful of local public space bans if vaping in a parked car.

Hawaii’s strict tobacco and vaping laws are designed to protect minors and public health, so always check for the latest regulations before vaping in your vehicle

Sources

[1] https://health.hawaii.gov/tobacco/tobacco-prevention-and-control-section/businesses-and-retailer-resources/
[2] https://ecigator.com/regulation/vaping-laws-in-hawaii/
[3] https://www.thekindpen.com/blog/vaping-while-driving-is-it-safe-is-it-legal/
[4] https://www.reddit.com/r/VisitingHawaii/comments/1at5kdg/can_i_bring_my_vape/
[5] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/hi

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