There is currently no specific Iowa state law that outright prohibits vaping (using an e-cigarette or vape pen) while driving a vehicle. Smoking or vaping behind the wheel is generally legal, provided the substance being consumed is legal (i.e., not marijuana or other controlled substances) and the act does not impair the driver’s ability to operate the vehicle safely.
Key Legal Points:
- No Explicit Ban: Iowa law does not have a statute that directly forbids smoking or vaping while driving. This means that, in most cases, adults can legally use vape pens or e-cigarettes while driving.
- Impaired or Distracted Driving: Even though vaping while driving is not illegal by itself, if the act of vaping distracts the driver or impairs their ability to drive safely, law enforcement can take action. For example, if a driver is seen swerving, failing to maintain lane, or otherwise driving unsafely because they are vaping, they may be cited for distracted or reckless driving.
- Obstructed View: If vaping produces enough vapor to obscure the windshield or the driver’s view of the road, police may cite the driver for windshield obstruction. This is similar to the rules about smoking cigarettes or cigars in a way that blocks visibility.
- Substance Restrictions: It is illegal to vape marijuana or any controlled substance while driving. Iowa has strict DUI laws, and being under the influence of marijuana or other drugs while operating a vehicle can result in severe penalties, including jail time, fines, and license suspension.
Special Circumstances and Local Ordinances
- Minors in the Vehicle: While there is no statewide law prohibiting vaping in a car with minors present, some localities or future legislation could address this issue. Throwing vape cartridges or related litter from a vehicle is considered littering and is illegal.
- Local Bans: Some Iowa cities may have their own ordinances restricting vaping in certain public areas, but these typically do not extend to private vehicles unless the vehicle is being used for public transportation or falls under workplace rules.
Youth and Vape Laws
- Age Restrictions: Iowa law strictly prohibits the sale, distribution, possession, purchase, and use of vapor products by anyone under 21 years of age. Retailers face significant fines and permit suspensions for violations.
- No Special Excise Tax: Vape products are taxed at the standard sales tax rate, not at the higher tobacco tax rate.
Health and Safety Considerations
While not a legal issue, public health authorities warn that vaping can be distracting and potentially hazardous while driving. The act of handling a vape device, inhaling, and exhaling vapor can divert attention from the road, increasing the risk of accidents. Additionally, defective vape batteries have been known to cause fires or explosions, which could be particularly dangerous in a moving vehicle.
Vaping and Driving in Iowa
| Issue | Legal Status in Iowa |
|---|---|
| Vaping while driving (adults) | Legal, unless it causes distracted driving or impairs safety |
| Vaping marijuana or drugs | Illegal (DUI laws apply) |
| Vaping with minors present | Not specifically illegal, but local laws may vary |
| Vaping by under-21s | Illegal to possess, purchase, or use |
| Vaping causing windshield obstruction | Illegal (can be cited) |
| Local bans in vehicles | Possible in some cities, check local ordinances |
Vaping and driving is not specifically illegal in Iowa for adults using legal substances. However, drivers must always maintain full attention on the road and avoid any activity—including vaping—that could be considered distracting or that impairs their ability to drive safely.
Violations related to impaired or distracted driving, or vaping by individuals under 21, carry significant penalties. Always check local ordinances for additional restrictions, and remember that safety should be your top priority behind the wheel.
SOURCES:-
[1] https://www.tomfowlerlaw.com/post/is-it-legal-to-smoke-and-drive-in-ia
[2] https://hhs.iowa.gov/programs/programs-and-services/tobacco-use-prevention-control/vaping-electronic-smoking
[3] https://www.signs.com/blog/vaping-laws-for-all-50-states/
[4] https://www.iowaattorneygeneral.gov/media/cms/tobacco_summary_manual_028BDD7543B11.pdf
[5] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/ia
