In South Dakota, vaping while driving is not explicitly illegal; however, the use of e-cigarettes and vaping products is subject to certain regulations that could indirectly affect drivers. Here are the key points regarding the legality of vaping and driving in South Dakota:
Vaping Regulations in South Dakota
1. Public Use Restrictions
As of July 1, 2023, vaping and the use of e-cigarettes are prohibited in almost all public buildings and workplaces, including bars and restaurants. This law treats e-cigarettes similarly to traditional tobacco products, meaning that using them in these settings could result in a petty offense with associated fines.
2. Driving Context
While there is no specific law against vaping while driving, South Dakota’s Clean Indoor Air Act prohibits smoking and vaping where smoking is banned. This means that if a driver is in a vehicle that is considered a public space (like a taxi or bus), they could be subject to penalties for vaping.
3. Age Restrictions
The sale and use of vapor products are restricted to individuals aged 21 and over. This is part of broader efforts to prevent underage access to nicotine products.
4. General Driving Laws
While vaping itself isn’t illegal while driving, any actions that may distract a driver (like handling vape devices) could potentially lead to traffic violations if they impair driving ability.
In summary, while there are no specific laws prohibiting vaping while driving in South Dakota, drivers should be aware of the broader context of vaping regulations and potential distractions that could arise from using vape devices on the road.
Sources:
- https://www.sdnewswatch.org/public-vaping-ban-passed-in-s-d-amid-some-controversy/
- https://sdaho.org/2019/06/28/vaping-law-effect-july-1st/
- https://www.findlaw.com/state/criminal-laws/vaping-and-e-cigarette-laws-by-state.html
- https://dor.sd.gov/businesses/taxes/cigarette-tobacco/
- https://casaa.org/get-involved/state-locator/south-dakota/