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

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

In Kentucky, there is no specific law that explicitly prohibits vaping while driving. Current state laws focus more on regulating the sale, age restrictions, and where vaping is allowed rather than banning its use while operating a vehicle.

Beginning January 1, 2025, Kentucky has enacted House Bill 11, which restricts the sale of vape products to only those approved by the Food and Drug Administration (FDA). This law primarily targets retailers, particularly to reduce underage vaping and ensure safer vape product standards. However, this legislation does not cover the act of vaping while driving itself.

Kentucky’s Clean Indoor Air Act and other vaping-related regulations restrict vaping in various public places, state-owned properties, schools, and certain government buildings, but again these laws do not extend to vaping behind the wheel.

Though vaping while driving is not explicitly illegal, drivers could still potentially face penalties under distracted driving laws if vaping causes them to operate their vehicle unsafely. Distracted driving laws in most states allow police to ticket drivers for any activity that diverts attention from driving and leads to unsafe conditions—even if the activity itself, such as vaping, is not outright banned.

While Kentucky does not have a direct ban or regulation on vaping while driving as of 2025, vaping could be cited under distracted driving if it interferes with safe vehicle operation. Meanwhile, vape product sales and usage in many public settings remain regulated to address health and safety concerns. If vaping in a vehicle leads to erratic driving or accidents, police may still take enforcement action based on driving behavior rather than the act of vaping itself.

Sources

[1] https://www.lex18.com/news/covering-kentucky/new-laws-coming-to-kentucky-starting-in-2025
[2] https://www.lpm.org/news/2024-07-15/a-dozen-new-laws-to-know-in-kentucky
[3] https://www.youtube.com/watch?v=lQRPQLt6zAM
[4] https://casaa.org/get-involved/state-locator/kentucky/
[5] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/ky
[6] https://zslaw.com/resources/b

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