As of March 19, 2025, there is no specific law in West Virginia that explicitly prohibits vaping while driving. However, there are some related regulations and proposed legislation that drivers should be aware of:
- Distracted Driving Laws: West Virginia has strict laws against distracted driving, which primarily focus on cell phone use. While these laws don’t explicitly mention vaping, using a vaping device could potentially be considered a distraction if it interferes with safe driving.
- Smoking with Minors: There is a secondary offense for driving and using a tobacco product or tobacco-derived product with a passenger under the age of 17, which could potentially apply to vaping.
- State-Owned Vehicles: The use of e-cigarettes in state-owned vehicles is prohibited.
- Per Se DUID Law: For medical cannabis patients, it is illegal to drive with more than three nanograms of THC per milliliter of blood serum. This could potentially affect some vapers using cannabis-derived products.
- Proposed Legislation: As of January 17, 2024, a bill was introduced to limit the number of vape shops in West Virginia, which could indirectly affect access to vaping products.
While vaping and driving is not explicitly illegal in West Virginia as of the current date, it’s important to note that laws can change. Drivers should always prioritize safety and avoid any activities that could be considered distracting while operating a vehicle.
Sources:
- https://www.trustedchoice.com/distracted-driving/west-virginia-laws/
- https://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=SB348+SUB2.htm&yr=2019&sesstype=RS&i=348
- https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/wv
- https://www.mpp.org/states/west-virginia/west-virginia-medical-cannabis-act/
- https://dhhr.wv.gov/bph/about/Documents/Youth%20Vaping%20Summary%201-23-20.pdf
