It is not explicitly illegal to vape and drive in Texas. There is currently no specific state law that directly prohibits vaping while driving. However, several important legal considerations apply:
Distracted Driving: Texas has strict distracted driving laws. If vaping causes you to take your attention off the road—such as adjusting your vape, producing large vapor clouds that obscure your vision, or otherwise interfering with your ability to drive safely—you could be cited for distracted or reckless driving. Police can issue fines or penalties if they believe vaping contributed to unsafe driving behavior.
Minors and Age Restrictions: It is illegal for anyone under 21 to purchase, possess, or use e-cigarettes or vaping devices in Texas, with limited exceptions for active-duty military members. Minors caught vaping can face fines, mandatory educational programs, community service, and, in the case of students, placement in alternative schooling if caught on or near school property.
Vaping with Minors in the Vehicle: While there is no statewide law specifically banning vaping in a car with minors, doing so could raise concerns under child safety laws, especially if the vapor is considered harmful to children. Some local ordinances or future legislation could address this more directly.
THC Vaping: Vaping THC (tetrahydrocannabinol) is illegal in Texas and carries severe criminal penalties, including felony charges, regardless of whether you are driving or not4.
Passengers: Passengers are allowed to vape in a car, but should do so considerately to avoid distracting the driver or obstructing their view.
Summary Table: Vaping and Driving in Texas
| Situation | Legal Status in Texas | Notes |
|---|---|---|
| Vaping while driving (nicotine) | Not explicitly illegal | Can be cited if it leads to distracted driving |
| Vaping while driving (THC) | Illegal (felony) | Severe penalties, including prison and fines |
| Vaping by minors (under 21) | Illegal | Fines, mandatory programs, possible license suspension |
| Vaping with minors in the vehicle | Not specifically banned, but risky | May raise child safety concerns |
| Passengers vaping | Legal | Must not distract driver or obscure vision |
Vaping and driving is not specifically illegal in Texas, but it can result in legal consequences if it distracts you or impairs your driving. Minors and THC use face additional, strict penalties. Always prioritize safety and be aware of local ordinances or changes in state law.
Sources
[1] https://thewrangler.com/is-it-illegal-to-vape-and-drive-in-texas-heres-what-the-law-says/2025/06/29/
[2] https://collincountymagazine.com/2025/06/04/is-it-illegal-to-vape-and-drive-in-texas-heres-what-the-law-says/
[3] https://d8superstore.com/is-it-illegal-to-vape-and-drive
[4] https://versustexas.com/teenage-vaping-in-texas/
[5] https://www.podsalt.com/blogs/news/are-you-risking-your-license-by-vaping-in-the-car
