Services
Insurance
Loans
Repairs
Advice
About

Can you smoke while driving?

I sometimes get anxious when I drive, and I find that smoking helps keep me calm when I’m on the road. I know it’s a bad habit, but is it actually against the law?

avatar
Macy Fouse · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
Hey, we all have our vices! If we’re talking cigarettes, cigars, or vape pens, the short answer is no—smoking while driving is not illegal.
The long answer is a bit more complicated. Certain states have laws about smoking in cars, but they can vary pretty widely. Let’s break it down a little.
Though none of these laws are across-the-board, there are a few specific actions related to smoking that can be illegal:
  • Tossing your cigarette butt out the window
  • Smoking with a minor in the vehicle
  • Driving distractedly due to smoking or lighting a cigarette
  • Obstructed windshield due to smoke
The penalties for these infractions also differ per state, so be sure to check your state’s laws concerning smoking and driving.
If we’re talking about smoking marijuana while driving, it is always illegal. Marijuana slows your reflexes and impairs your decision-making abilities, so even if marijuana use is permitted in your state, partaking while driving is not permitted.
It’s also important to note that it is illegal for a passenger to be smoking marijuana in a moving vehicle. Even if it doesn’t cause impairment for the driver, it is considered public drug use and is therefore forbidden. Be sure to familiarize yourself with your state’s specific laws about this as well as the possible penalties.
You may be surprised to know that smokers are more likely to pay more for
car insurance
, as companies assume smokers are more likely to engage in higher-risk activities. Smoker or not, though, using the
Jerry
app is the single most effective way to find the cheapest car insurance coverage.
View full answer 
WHY YOU CAN TRUST JERRY
Jerry partners with more than 50 insurance companies, but our content is independently researched, written, and fact-checked by our team of editors and agents. We aren’t paid for reviews or other content.

Join 4M+ members in lowering their car insurance

Easiest way to compare and buy car insurance

√
No long forms
√
No spam or unwanted phone calls
√
Quotes from top insurance companies
Find insurance savings