No, it is not illegal to vape while driving in New Mexico. There is no specific statewide law banning the act itself for adults over 21.
Distracted Driving Rules
New Mexico enforces careless driving under NMSA § 66-8-114, prohibiting any action diverting full attention from the road.
Vaping can trigger tickets if it causes visible distraction—like handling the device, looking away, or cloud obstruction—leading to fines up to $114 for a first offense.
Impairment Concerns
Officers may cite impairment if high-nicotine or THC vaping affects safe operation, akin to drugged driving laws.
Nicotine alone rarely leads to DUI charges (NMSA § 66-8-102), but THC vapes count as controlled substances, risking felony penalties.
Age and Vehicle Limits
Under-21 possession or use remains illegal everywhere, including cars (federal Tobacco 21 law). No ban exists for vaping around minors, unlike some states, though proposals have surfaced. State vehicles prohibit it under administrative code.
Enforcement Realities
Citations depend on officer discretion; safe vaping (e.g., hands-free) avoids issues, but pulling over is safest. No local bans noted beyond general traffic codes.
Key Rules Summary
| Scenario | Legal Status collincountymagazine+1 | Penalty Risk |
|---|---|---|
| Adult vaping, no distraction | Legal | None |
| Causes swerve/distraction | Careless driving | Fine ($50–$200) |
| THC/High nicotine impairment | Possible DUI | Fine/Jail (4–364 days) |
| Under 21 vaping in car | Illegal | Misdemeanor fine |
Best Practices
Store vapes securely, use voice commands if possible, and wait until parked to minimize risks. Focus stays on safety, not outright prohibition.
SOURCES:
- https://gaypv.com/blog/lgbt-travel/how-new-vaping-law-in-mexico-affects-international-travelers-in-2026/
- https://casaa.org/get-involved/state-locator/new-mexico/
