It is not illegal to vape and drive in South Dakota as long as the driver is not impaired, underage, or violating public indoor vaping bans—there is no specific state law prohibiting vaping while driving a private vehicle.
Vaping and Driving Laws
- There is no state law explicitly prohibiting vaping in private vehicles, including while driving, for adults age 21 and over.
- Vaping is treated like tobacco use under South Dakota law and is banned in virtually all enclosed public places and workplaces, but not in private cars unless used commercially or as workplace vehicles.
- Vaping while driving is only illegal if it constitutes distracted or impaired driving; driving under the influence of substances (including cannabis or nicotine if it impairs ability) is a separate offense and is prosecuted under standard DUI laws.
Age and Safety Restrictions
- Minimum legal age for vaping is 21. Using a vape while driving as a minor (under 21) would constitute illegal possession and use, which is punishable by fines.
- If vaping causes reckless or distracted driving behavior, law enforcement may cite offenders under general traffic safety rules (e.g., careless driving, failure to maintain control).
In Summary
- Adult drivers (21+) may vape in private vehicles; it is not a crime in itself.
- Drivers must avoid impairment and distractions; violations of traffic safety rules may still apply if vaping interferes with safe driving.
South Dakota’s laws do not yet include any statute specific to vaping while driving for non-commercial vehicles operated by adults—compliance with age, impairment, and general road safety rules is essential.
Sources
(https://www.sdnewswatch.org/public-vaping-ban-passed-in-s-d-amid-some-controversy/)
(https://ecigator.com/regulation/south-dakota-vaping-laws-guide/)
(https://southdakotastatecannabis.org/laws)
(https://www.sdpb.org/politics/2025-02-28/vape-regulations-advance-from-senate-commerce-and-energy-committee)
(https://doh.sd.gov/media/iwljdusc/tobacco-control-state-plan-2020-2025.pdf)
