Vaping while driving is a topic that sits at the intersection of Arkansas’s vaping regulations, distracted driving laws, and public health protections. As of April 2025, Arkansas does not have a law that specifically prohibits vaping while operating a motor vehicle. However, several related statutes and enforcement priorities may affect whether and how you can legally vape behind the wheel.
No Explicit Ban on Vaping and Driving
- Arkansas law does not explicitly prohibit the act of vaping while driving. There are no statutes that make it a crime or traffic violation to use an e-cigarette or vape device while operating a vehicle, provided you are over the legal age of 21 and the vaping product itself is legal under Arkansas’s registry and product standards.
- Vaping is banned in most public spaces—like restaurants, bars, workplaces, and state park buildings—but these restrictions do not extend to private vehicles unless you are transporting children under a certain age.
Exceptions: Protecting Children in Vehicles
- Smoking (including vaping) is illegal in vehicles with children under 14 years old. Under Act 811, Arkansas law makes it a primary offense to smoke in a vehicle if a child under 14 is present. This law was designed to protect children from secondhand smoke and applies to all forms of smoking, including e-cigarettes and vaping devices.
- Violators can be pulled over solely for this offense and fined. The law is clear in its intent to safeguard minors from exposure to secondhand aerosol and smoke in confined spaces like cars.
Distracted Driving Laws
- While vaping itself is not named in Arkansas’s distracted driving statutes, any activity that distracts a driver and impairs their ability to operate a vehicle safely can be penalized. Arkansas law enforcement has ramped up efforts to combat distracted driving, focusing mostly on cellphone use, but the law applies broadly to any distraction—including vaping if it takes your attention off the road.
- If vaping causes you to drive erratically, take your hands off the wheel, or otherwise operate your vehicle unsafely, you could be cited for distracted driving or reckless driving, even though vaping is not specifically mentioned.
Legal Age and Product Restrictions
- You must be at least 21 years old to legally purchase or use vaping products in Arkansas.
- Only vaping products that comply with Arkansas’s PMTA registry law and product standards are legal to possess and use. Possession or use of non-compliant or banned vaping products is illegal, regardless of where the use occurs—including in your car.
Table: Vaping and Driving in Arkansas
| Scenario | Legal Status |
|---|---|
| Vaping while driving (no child present) | Not specifically illegal |
| Vaping while driving with child under 14 | Illegal (primary offense) |
| Vaping with banned/non-compliant products | Illegal |
| Vaping causing distracted/reckless driving | Can be cited under other laws |
| Legal age to vape in Arkansas | 21+ |
It is not illegal to vape and drive in Arkansas if you are over 21 and using a legal product, provided no children under 14 are in the vehicle and your vaping does not distract you from driving safely. However, if you vape in a car with a child under 14, you are breaking the law and can be fined.
Additionally, if vaping distracts you and leads to unsafe driving, you risk being cited for distracted or reckless driving. Always ensure your vaping products are legal under Arkansas’s registry laws, and use common sense to avoid endangering yourself or others on the road.
SOURCES:-
[1] https://vaping360.com/vape-news/8397/arkansas-registry-law-includes-first-personal-possession-ban/
[2] https://www.artei.org/what-we-do/smoke-free-vehicles.html
[3] https://dps.arkansas.gov/news/arkansas-law-enforcement-to-ramp-up-efforts-to-combat-distracted-driving-april-3rd-10th/
[4] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/ar
[5] https://tzdarkansas.org/programs/alcohol-and-drug-countermeasures/
