In Maine, the legality of vaping while driving is nuanced and primarily governed by laws relating to distracted driving and protections for minors rather than an explicit ban on vaping behind the wheel for adults. As of 2025, Maine does not have a specific law that outright prohibits vaping or smoking tobacco products while driving alone or with adult passengers. However, there are important restrictions and potential legal consequences to be aware of.
First and foremost, Maine law explicitly prohibits smoking or vaping in a motor vehicle when a minor is present. According to Maine Revised Statutes Title 29-A, §2120, it is illegal for the operator or any passenger to smoke or use electronic smoking devices in a vehicle carrying a minor under the age of 18. This prohibition applies regardless of whether the vehicle is moving or stationary and whether the windows are open or closed. The law includes all forms of smoking and vaping under its umbrella, using a broad definition of electronic smoking devices that covers e-cigarettes, vape pens, and other vapor delivery systems. Violating this law is a traffic infraction punishable by a $50 fine.
For adults over the age of 21 driving without minors, vaping or smoking tobacco while driving is not explicitly forbidden. The state’s tobacco control laws recognize vaping devices as tobacco products, and vaping is banned in many indoor public spaces under Maine’s Clean Indoor Air Act, but this does not extend to a specific prohibition of vaping in private vehicles when minors are absent.
Nevertheless, vaping while driving can still be subject to Maine’s distracted driving laws. Maine’s general distracted driving statute (29-A MRS §2118) prohibits the operation of a motor vehicle while engaging in any activity not necessary for driving that impairs, or has the potential to impair, safe driving. If a law enforcement officer observes that vaping distracts a driver—such as causing the driver to take their hands off the wheel, take their eyes off the road, obscure their vision with vapor clouds, or drive erratically—they can issue a distracted driving citation. Such citations carry fines and could escalate to more severe penalties if the distraction causes an accident. Severe cases may result in criminal charges, license suspension, and even jail time depending on the outcome of the distracted driving incident.
In addition, Maine strictly prohibits the use of marijuana in any form—including vaping cannabis—while driving. Under 29-A MRS §2112-B, possessing an open cannabis container in a vehicle is a traffic infraction, and operating a vehicle under the influence of marijuana is a serious criminal offense with heavy penalties.
Sources
(https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/me)
(https://ecigator.com/guide/maine-vaping-smoking-driving-laws/)
(https://legislature.maine.gov/statutes/29-a/title29-Asec2120.html)
(https://www.wecard.org/state-summary/ME)
(https://ecigator.com/regulation/vaping-laws-in-maine/)
