If you’re a motorist who vapes in Wisconsin, it’s important to understand the state’s evolving rules and risks when it comes to vaping behind the wheel. While there’s no blanket ban on vaping while driving, new regulations and stricter enforcement policies in 2025 mean you could still face legal trouble under certain conditions.
Is Vaping While Driving Illegal in Wisconsin?
At the state level, there’s no explicit law prohibiting vaping while driving. That means using a nicotine vape pen or e-cigarette in your vehicle is not automatically a traffic offense. However, legality doesn’t always mean you’re in the clear.
Distracted Driving Laws Still Apply
Wisconsin has firm distracted driving laws. If vaping causes you to take your hands off the wheel, your eyes off the road, or your attention away from driving, police can issue a citation. Officers are especially watchful for visible clouds of vapor that obscure vision, or fumbling with devices while the vehicle is in motion. In such cases, you may be charged with inattentive driving.
Vaping THC or Cannabis? That’s a Different Story
Vaping any product that contains THC (the active ingredient in marijuana) is illegal in Wisconsin. Even if cannabis is legal in another state, Wisconsin’s zero-tolerance policy means that any detectable amount of THC in your system while driving can result in an OWI (Operating While Intoxicated) charge.
This includes vape pens with cannabis oil, wax, or THC concentrate. Not only can you face OWI charges, but simple possession of THC vape products is also illegal and could lead to misdemeanor or felony charges depending on the situation.
Minors, Passengers, and Local Ordinances
While the state doesn’t ban vaping in vehicles outright, local laws and specific environments may have tighter restrictions. For instance, certain school zones, public properties, or cities may prohibit vaping near minors or in specified public areas. Always check local signage or city ordinances before vaping in or near restricted areas.
New Vaping Product Restrictions in 2025
Starting September 1, 2025, Wisconsin’s new PMTA Registry Law will ban the sale of vaping products that are not FDA-approved. This primarily impacts flavored e-liquids and disposable vapes commonly found at convenience stores. While this law targets retailers and consumers in terms of what they can buy or possess, it does not directly ban the act of vaping while driving—unless the device or substance itself is prohibited.
What Drivers Should Keep in Mind
- Nicotine vaping while driving is legal, but it can lead to a ticket if it causes distraction.
- THC vaping while driving is illegal, and even trace amounts in your system can result in an OWI.
- Possession of THC vapes is a criminal offense in Wisconsin.
- Local rules may vary, especially around minors and public spaces.
- New product restrictions mean some vapes will become illegal to sell or own after Sept. 1, 2025.
Final Word
Wisconsin drivers are advised to use caution. Even if you’re using a legal nicotine vape, stay focused and avoid actions that could be seen as distracting. And if you’re unsure about your vape’s contents or legality—play it safe and wait until you’re parked.
