No, it is not explicitly illegal to vape while driving in Arkansas for adults using nicotine products, but it carries significant legal risks under distracted and careless driving laws. State statutes do not outright ban vaping e-cigarettes behind the wheel, unlike stricter rules for tobacco smoking with children present.
However, actions like handling a vape device that impair vehicle control can lead to citations, fines, or escalated charges.
Core State Laws
Arkansas Code § 20-27-1903 strictly prohibits smoking combustible tobacco (cigarettes, cigars, pipes) in a vehicle with a child under 14 present, treating it as a primary offense with up to a $25 fine—waivable via smoking cessation proof.
This law excludes vaping nicotine, creating a gap where it’s technically allowed even with minors, though public health experts decry the secondhand aerosol exposure risk.
Vaping falls under broader inattentive driving rules in Arkansas Code § 27-51-104(b)(8), which bans operating a vehicle when “inattentive and such inattention is not reasonable and prudent.”
Officers can ticket for careless driving (up to $100 fine) if vaping distracts you—examples include dropping a device, obscuring vision with vapor clouds, or swerving from fiddling with e-liquid. Worse, willful disregard elevates it to reckless driving, a Class B misdemeanor with 5-90 days jail and $500 fines.
Marijuana vaping is categorically illegal under Arkansas Code § 5-78-102, prohibiting any cannabis consumption in vehicles (parked or moving), even for medical cardholders—separate from DUI penalties if impaired.
Special Circumstances
Certain vehicles and scenarios impose bans. School buses and K-12 transport prohibit all vaping/smoking per § 6-21-609. Foster child transports ban both via administrative rules. Workplace or employer vehicles may restrict under the Clean Indoor Air Act for smoking, with vaping often following suit.
New 2026 regulations tighten vaping broadly: Act 590 and related rules ban possession/sale of unlisted nicotine products (fines start at $250), but this targets products, not driving acts.
Enforcement and Penalties Table
| Scenario | Legality | Key Statute & Penalty |
|---|---|---|
| Nicotine vaping alone/with adults | Legal, distraction-risk | § 27-51-104: Careless ($100); Reckless (jail/fine) |
| Tobacco smoking with child <14 | Illegal | § 20-27-1903: $25 primary fine |
| Nicotine vaping with child <14 | Legal (no ban) | Health-discouraged, distraction applies |
| THC vaping in vehicle | Illegal | § 5-78-102: Public consumption + DUI |
| School/foster vehicle | Illegal | § 6-21-609 or admin rules |
Practical Advice
While nicotine vaping isn’t banned, safest practice is pulling over—avoids tickets, crashes, and health issues from aerosol buildup. Enforcement varies by officer; visible clouds or device mishaps invite stops.
Check local ordinances, as cities may add rules. With Arkansas’s evolving vape restrictions (e.g., flavor bans, youth protections), expect potential 2026+ updates tightening use.
Prioritizing road focus protects everyone; distractions kill. For latest, consult Arkansas State Police or A.C.A. codes directly.
SOURCE :
- https://ecigator.com/regulation/vaping-laws-in-arkansas/
- https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/ar
