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

In Hawaii, vaping while driving is not explicitly illegal, but there are important regulations regarding the use of electronic smoking devices (ESDs) that drivers should be aware of.

Key Regulations

1. General Use Restrictions: Vaping is prohibited in many public places where smoking is also banned, including enclosed or partially enclosed areas such as businesses, restaurants, and public transportation. This includes state parks and facilities owned by the state or counties.
2. Specific Vehicle Regulations:
   • Hawai‘i County prohibits smoking in vehicles with occupants under 18 years old. While this law specifically mentions smoking, it can be interpreted to include vaping since ESDs are treated similarly to tobacco products under state law.
   • Kauai County has a similar law that bans smoking in vehicles with occupants under 13 years old, which again may extend to vaping.
3. Local Laws: Some counties may have additional restrictions on the use of ESDs in vehicles. Therefore, while there is no statewide law explicitly banning vaping while driving, local ordinances could impose restrictions based on the presence of minors in the vehicle.

Summary

While vaping itself is not illegal when driving in Hawaii, it is advisable to avoid doing so if minors are present in the vehicle due to local laws that restrict smoking and potentially vaping. Additionally, drivers should be mindful of the general prohibition against using ESDs in public spaces where smoking is banned.