Vaping while driving in Missouri is currently not explicitly illegal, but there are several important considerations and potential legal risks to be aware of.
Current Legal Status
As of February 2025, Missouri does not have any specific laws that prohibit vaping while driving. The state’s regulations primarily focus on the sale and possession of vaping products, rather than their use while operating a vehicle.
Age Restrictions
It’s important to note that Missouri law prohibits the sale of vaping products to individuals under 18 years of age. Additionally, it is illegal for anyone under 18 to purchase, attempt to purchase, or possess vaping products. However, the federal minimum age for purchasing tobacco and vaping products is 21, which takes precedence over state law.
Potential Legal Risks
While vaping while driving is not explicitly illegal, there are several scenarios where it could lead to legal consequences:
- Distracted Driving: If vaping causes a driver to become distracted and drive carelessly, they could be charged with reckless driving or driving without due care.
- Windshield Obstruction: Excessive vapor that obstructs the driver’s view through the windshield could result in a citation for windshield obstruction.
- Electronic Device Laws: Some jurisdictions may consider vaping devices as electronic devices, potentially falling under laws restricting the use of such devices while driving.
- Failure to Maintain Vehicle Control: If vaping leads to erratic driving or loss of vehicle control, it could result in legal consequences.
Safety Concerns
Even though it’s not explicitly illegal, vaping while driving poses significant safety risks:
- Distraction: Handling a vaping device can take a driver’s hands off the wheel and attention away from the road.
- Visibility Issues: Dense vapor clouds can temporarily obstruct the driver’s view.
- Impaired Reaction Time: The act of vaping may slow down a driver’s reaction time to road hazards.
Upcoming Changes in Missouri Law
It’s worth noting that Missouri’s driving laws are evolving. The Siddens Bening Hands Free Law, which went into effect on August 28, 2023, prohibits the use of handheld electronic communication devices while driving.
While this law doesn’t specifically mention vaping devices, it demonstrates a trend towards stricter regulations on device use while driving.
Best Practices
For those who choose to vape and drive, consider the following safety tips:
- Use a small vape pen to minimize distraction and vapor production.
- Never refill or adjust your device while driving.
- Keep windows open to dissipate vapor quickly.
- Avoid high VG or high nicotine content, which can produce thicker vapor or cause dizziness.
- Choose closed-system vape pens to reduce the risk of spills.
While vaping while driving is not currently illegal in Missouri, it can still pose significant safety risks and potentially lead to legal consequences if it results in distracted or careless driving.
As laws continue to evolve, it’s crucial for drivers to prioritize safety and remain aware of any changes in legislation. The safest approach is to avoid vaping while operating a vehicle altogether.
Sources:
- [1] https://www.jacksoncountycombat.com/BeSafe
- [2] https://ogletree.com/insights-resources/blog-posts/missouris-hands-free-law-takes-effect-prohibiting-handheld-cell-phone-use-while-driving/
- [3] https://www.wecard.org/state-summary/MO
- [4] https://norml.org/laws/missouri-penalties-2/
- [5] https://www.kansascity.com/news/local/article357002/Missouri-lawmakers-pass-e-cigarette-regulations.html
