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

No, it is not explicitly illegal to vape nicotine products while driving alone as an adult in Colorado, but it can lead to citations under distracted or careless driving laws if it impairs safe operation. Cannabis vaping in a vehicle is strictly prohibited as an open container violation. Recent hands-free laws add further scrutiny to handling vape devices.

Key Legal Distinctions

Colorado lacks a specific statute banning nicotine vaping or smoking traditional cigarettes in private vehicles for adults 21+ driving without minors.

The Clean Indoor Air Act exempts private cars not used for childcare or public transport, but this changes with children present, where vaping is prohibited to protect minors from secondhand exposure. Handling a vape device falls under broader safety rules, including the 2025 hands-free law (CRS 42-4-239) targeting handheld distractions, though not naming vapes explicitly.

Distracted Driving Risks

Officers enforce via careless driving (CRS 42-4-239), citing distractions like taking hands off the wheel to vape, clouding vision with vapor, or fumbling devices. Fines range from $85-$300 for careless driving, plus points on your license; repeated issues escalate penalties. The hands-free law bans holding devices, so manipulating a vape could trigger $75-$250 fines escalating with offenses.​

Cannabis Vaping Bans

Vaping marijuana counts as consuming an open container under CRS 42-4-1305 and 42-4-1305.5, a Class A infraction for drivers or passengers on public roads ($50+ fine). Impairment at 5 ng/mL delta-9 THC triggers DUI/DWAI charges (CRS 42-4-1301), with penalties up to $13,000 in fees, license loss, jail, or ignition interlocks. Even sealed containers must stay out of reach in the trunk or locked glovebox.

Penalties Overview

Violation Type	Fine Range	Additional Consequences
Careless Driving (Nicotine Vape Distraction)	$85-$300	Points, court costs, insurance hikes
Open Marijuana Container	$50-$100+	Surcharge ($7.80), possible towing ​
THC DUI/DWAI	$300-$1,000+	License suspension, jail (up to 1 year for repeats), interlock ​
Hands-Free Device Violation	$75 (1st)-$250+ (3rd)	Escalating with priors ​

Best Practices

Pull over safely to vape, especially nicotine devices, to avoid officer discretion on distractions. Store vapes securely and never with minors or cannabis openly accessible. Use voice-activated or mounted holders if needed, but prioritize full attention on the road amid Colorado’s 2025 enforcement push.

SOURCES:

• https://ecigator.com/regulation/colorado-vaping-driving-laws/
• https://www.cbsnews.com/colorado/news/smoking-ingesting-cannabis-behind-wheel-counts-dui-colorado/