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

Posted by Theodore December 3, 2024
New Mexico

In New Mexico, there is currently no specific law that prohibits vaping while driving. However, there are important considerations regarding the legality and safety of vaping in a vehicle:

Key Points Regarding Vaping and Driving in New Mexico

  1. General Vaping Laws: Vaping is regulated similarly to smoking in New Mexico. The state has laws that prohibit vaping in certain public places, including schools and childcare facilities, as well as within vehicles when transporting minors.
  2. Distraction Risks: While vaping itself is not illegal while driving, it can be considered a distraction. Just like texting or using a phone, engaging in activities that divert attention from the road can lead to unsafe driving conditions. If a driver is found to be distracted while vaping, they could potentially be cited for careless or reckless driving.
  3. Impairment Considerations: If a driver is vaping products that contain THC (the psychoactive component of marijuana), it is illegal to drive under the influence of marijuana in New Mexico. The law states that any detectable amount of marijuana combined with signs of impairment can lead to DUI charges.
  4. Local Regulations: Some local jurisdictions may have their own rules regarding vaping in vehicles or near certain public spaces. It’s advisable for drivers to be aware of any additional local ordinances that may apply.
  5. Safety Recommendations: For safety reasons, it is recommended that drivers avoid any activities that could distract them from operating their vehicle safely, including vaping.

Conclusion

In summary, while it is not illegal to vape while driving in New Mexico, drivers should be cautious about the potential distractions it poses and ensure they are not using products that could impair their ability to drive safely. Additionally, awareness of local regulations regarding vaping is essential for compliance and safety on the road.

Sources:

https://regulations.justia.com/states/new-mexico/title-1/chapter-5/part-3/section-1-5-3-16/
https://www.genuslawgrp.com/library/marijuana-dangers.cfm
https://www.findlaw.com/state/criminal-laws/vaping-and-e-cigarette-laws-by-state.html