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

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

In South Carolina, it is not explicitly illegal to vape while driving for adults aged 21 and over. The state has no specific law that outright bans vaping nicotine products in a moving vehicle. However, vaping while driving can lead to legal problems if it causes distracted or unsafe driving. South Carolina’s broader traffic laws address distracted driving in general, so if vaping leads to behaviors like swerving, failure to maintain lane, or erratic driving, a driver could be cited for careless or reckless driving. These charges are not for vaping itself, but for unsafe vehicle operation caused by distraction.

Vaping can involve visual distraction (looking at or adjusting the device), manual distraction (using one hand off the wheel), and cognitive distraction (diverted attention), all of which pose safety risks on the road. If law enforcement determines your vaping contributed to unsafe driving, you might face fines and points on your license under distracted or reckless driving statutes. The fines can start around $25-$100 for a first offense, increasing for repeat violations.

It is important to note that vaping cannabis or any THC-containing product while driving is strictly illegal in South Carolina and is treated as driving under the influence (DUI), with severe penalties including fines, license suspension, and possible jail time. This is distinct from vaping nicotine and is enforced rigorously.

South Carolina is also implementing a new hands-free law effective September 1, 2025, which prohibits holding or supporting a mobile device while driving, but this law primarily targets phones and does not explicitly mention vaping devices.

For safety and legal reasons, it is advised to avoid vaping while driving. Pulling over to a safe location to vape is recommended to minimize distraction and prevent any traffic violations. Maintaining full attention on driving is crucial to comply with laws and ensure road safety.

  1. Vaping nicotine while driving is not specifically illegal in South Carolina for adults 21+.
  2. Vaping can lead to distracted driving citations if it causes unsafe vehicle operation.
  3. Vaping THC products while driving is illegal and subject to DUI penalties.
  4. New hands-free laws target mobile device use but do not explicitly ban vaping.
  5. Best practice is to avoid vaping while driving and focus fully on the road.

This legal landscape reflects South Carolina’s focus on traffic safety and distraction management rather than a strict ban on vaping in vehicles.

Sources

[1] https://ecigator.com/guide/south-carolina-vaping-driving-laws/
[2] https://scdps.sc.gov/handsfree
[3] https://ecigator.com/regulation/south-carolina-vaping-laws-guide/
[4] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/sc
[5] https://www.scstatehouse.gov/sess126_2025-2026/bills/287.htm

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