No, it is not illegal to vape and drive in South Carolina, as no state statute explicitly bans the use of e-cigarettes while operating a vehicle.
However, vaping can lead to distracted driving charges if it impairs safe vehicle control, falls under general traffic safety laws, or involves minors or impairing substances. Recent hands-free laws signed in July 2025 strengthen enforcement against any road distraction, prioritizing safety over specific vape prohibitions.
Statewide Legal Framework
South Carolina lacks a targeted ban on vaping while driving for adults over 21, unlike states with explicit e-cigarette restrictions. Core risks arise from S.C. Code Ann. § 56-5-2520 and related statutes prohibiting reckless or distracted operation, where handling a vape device, exhaling vapor that obscures vision, or spilling juice diverts attention.
Fines for distracted driving start at $100-$200 for first offenses, escalating with points on licenses and potential insurance hikes.
The 2025 hands-free law (effective post-July signing) bans holding phones or devices, indirectly pressuring vape use by classifying multi-tasking as hazardous. Minors under 21 face separate penalties under S.C. Code § 16-17-500 for possessing vapes, compounding tickets if caught while driving.
Distracted Driving Risks
Vaping qualifies as a visual, manual, or cognitive distraction under trooper discretion: glancing at devices, inhaling/exhaling, or adjusting coils pulls focus from roads. Visibility issues from vapor clouds in enclosed cars mirror smoking hazards, potentially cited under obstructed view laws (S.C. Code § 56-5-3730). Post-2025 data shows rising enforcement, with accidents tied to in-car activities drawing DUI-level scrutiny if impairment appears.
Marijuana vaping shifts to DUI territory under S.C. Code § 56-5-2930; THC detection via blood tests yields felonies, license suspensions up to six months, and $2,500+ fines.
Related Regulations and Minors
Smoking traditional cigarettes remains banned in cars with children under 18 (S.C. Code § 59-1-385), but vaping vapor escapes this—though best avoided for welfare. Bills like 2025-2026 H.287 and H.3728 regulate vape sales and flavors without driving clauses, maintaining the status quo. Municipalities may add indoor bans, but highways rely on state patrol.
Adults should pull over for use; stationary vaping risks tickets if resuming impaired.
Enforcement and Penalties
Highway Patrol uses dash cams and witness reports for citations, with first distracted offenses at $25-$100 plus court fees; repeats add jail. Crashes amplify to reckless endangerment, civil liability, or manslaughter if fatalities occur. No 2026 changes ban it outright, but public safety campaigns urge against it.
Safer habits include voice-activated devices or breaks at rest stops.
Best Practices for Drivers
Opt for nicotine patches or gum en route; mount vapes out of reach to curb impulse. Keep windows cracked for vapor clearance and avoid complex mods needing tweaks. Apps tracking hands-free compliance aid defense in stops.
SOURCES:
- https://collincountymagazine.com/2025/08/02/is-it-illegal-to-vape-and-drive-in-south-carolina-heres-what-the-law-says/
- https://ecigator.com/guide/south-carolina-vaping-driving-laws/
