Arizona does not have a statewide ban on vaping in public places such as streets, parks, or sidewalks. However, vape use is restricted in specific locations:
- Foster homes and vehicles with foster children present—vaping is explicitly prohibited.
- State-owned or leased vehicles are off‑limits for vaping.
- Many public buildings, workplaces, schools, bars, restaurants, etc., are subject to local ordinances that include vaping in smoking bans.
Vaping While Driving: Legal or Not?
There is no specific Arizona law banning vaping while driving, unlike hands‑free mobile device restrictions. The state’s “Hands‑Off” law, effective since 2021, prohibits holding or using a mobile phone or stand‑alone electronic device while driving unless it’s hands‑free .
Vapes are not classified as communication devices, so vaping in a moving car isn’t illegal per se (unless one of the exceptions below applies).
Exceptions: When Vaping in a Vehicle Becomes Illegal
- Child passenger rule
- While there’s no blanket prohibition on vaping and driving generally, vaping is illegal in any vehicle carrying a minor (under 18).
- This is enforced, for instance, if you’re pulled over for another reason and officers notice vaping around a child.
- Distracted driving risk
- If vaping distracts you — e.g., obscuring your vision with cloud or requiring your hand off the wheel — you could be cited under general distracted-driving laws. Arizona’s §28‑914 allows penalties for physically holding a device while driving if it impairs safe operation.
- Local ordinances
- Certain counties and cities may have stricter rules: e.g., foster-care vehicles are broadly off-limits, and specific communities can prohibit vaping in vehicles altogether. Always check your local city or county regulations.
Penalties You Could Face
- Civil penalties for communication-device violations (if vaping is deemed driving impairment) start at $75–$149 for a first offense, and $150–$250 for repeat violations.
- Fines up to $50–$100 may apply for minor smoking/vaping infractions in vehicles carrying minors or in other restricted situations .
- Distracted-driving citations, regardless of device type, can carry noted fines—and could impact insurance or court outcomes.
Health & Safety Implications
Vaping while driving presents several risks:
- Manual distraction: Fuels fires and waste of hands needed for control.
- Visual obstruction: Large vapor plumes can obscure road vision.
- Cognitive distraction: Rolling, inhaling, and monitoring devices draws attention from drivers.
Arizona’s distracted-driving laws aim to curb these dangers.
What You Should Do
- You generally can vape while driving, if all passengers are adults and no local prohibition exists—just be cautious and responsible.
- Never vape with a minor in the vehicle; it’s illegal and enforceable.
- Use local ordinances to check your city or county rules— what holds in Phoenix may differ in Tempe or Mesa.
- Avoid behavior that may impair driving, like blowing large vapor clouds or using one hand off the wheel—these could lead to citations under distracted‑driving provisions.
Bottom Line
- Is vaping and driving illegal in Arizona?
Not explicitly—but caveats apply:- Illegal when vaping with a child present.
- Potentially illegal if it interferes with safe driving or violates local ordinances.
- Penalties depend on the violation: $75–$250 for distracted operation, $50–$100 for smoking/vaping around minors or in restricted venues.
Treat vaping while driving like cellphone use: do so responsibly or not at all, avoid distractions, and make sure no minors are in the car. And always be aware of your city or county’s specific regulations.