Vaping while driving in New Mexico is not specifically illegal—there is no state law that directly prohibits using e-cigarettes or vaping devices while operating a motor vehicle. However, several important legal considerations apply:
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Vaping is prohibited in certain vehicles: If you are driving a vehicle used to transport children (such as child care transport), vaping is explicitly banned in those vehicles.
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General distracted driving laws: New Mexico requires drivers to give their full attention to driving. If vaping distracts you or impairs your ability to drive safely, you could be cited under distracted driving statutes, even though vaping itself is not banned in private vehicles.
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Public and workplace bans: Vaping is banned wherever smoking is banned in New Mexico, including most indoor public places and workplaces, but these restrictions do not generally extend to private vehicles unless they are used for specific regulated purposes (like child care transport).
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Age restrictions: You must be 21 or older to legally purchase or possess vaping products in New Mexico.
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It is legal to vape while driving your own car in New Mexico, unless the vehicle is used for child care or you are otherwise violating distracted driving laws.
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Vaping is banned in vehicles used to transport children and in all places where smoking is prohibited.
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You can be cited if vaping distracts you from safe driving.
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Vaping while driving your own vehicle in New Mexico is not illegal, but you must avoid distraction and follow all other applicable laws. Vaping is banned in vehicles used for child care and in other restricted settings.
Sources
[1] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/nm
[2] https://www.sanborns.com/blog/are-vapes-allowed-in-mexico-a-travelers-guide-to-border-regulations/
[3] https://www.findlaw.com/state/criminal-laws/vaping-and-e-cigarette-laws-by-state.html
[4] https://www.nmt.edu/policies/Smoke_Free_Campus_Policy_July_2019.pdf
[5] https://ops.group/blog/mexico-customs-surprises-pills-vapes-and-laptop-rules/
