In New Mexico, there is currently no explicit state law that specifically prohibits vaping while driving a personal vehicle. However, several important legal considerations apply.
First, vaping is considered equivalent to smoking under New Mexico law, and is therefore prohibited wherever smoking is banned—including in most indoor public places, workplaces, schools, childcare facilities, restaurants, bars (except cigar bars), retail stores, and recreational or cultural facilities. These restrictions do not generally apply to personal vehicles unless the vehicle is a state-owned vehicle or is being used for a regulated purpose (such as transporting children for childcare).
For state vehicles, New Mexico’s administrative code prohibits drivers and passengers from smoking or using smokeless tobacco products of any type inside the vehicle. This rule does not specifically mention vaping, but given that vaping is included in the state’s definition of smoking, it is likely that vaping would also be prohibited in state vehicles.
For private vehicles, while there is no direct ban on vaping while driving, drivers could still be cited under general traffic laws if vaping causes distraction or impaired driving. If law enforcement determines that vaping is affecting your ability to drive safely—for example, by causing you to become distracted, lose focus, or impair your vision—you could be cited for careless driving or another applicable traffic offense. This is similar to the approach taken in many other states and jurisdictions.
It is not illegal to vape and drive in New Mexico in a personal vehicle under current state law, but vaping is prohibited in state vehicles and could result in a citation if it leads to unsafe driving behavior. Always prioritize safety and avoid any activity that could distract you while operating a vehicle.
Sources
[1] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/nm
[2] https://truthinitiative.org/research-resources/smoking-region/tobacco-use-new-mexico-2023
[3] https://www.findlaw.com/state/criminal-laws/vaping-and-e-cigarette-laws-by-state.html
[4] https://regulations.justia.com/states/new-mexico/title-1/chapter-5/part-3/section-1-5-3-16/
[5] https://www.podsalt.com/blogs/news/are-you-risking-your-license-by-vaping-in-the-car
