Is Vaping in a Car with Kids Legal in Maryland After the 2026 Framework Overhaul?

No,

Vaping in a car with minors in Maryland is prohibited under state law, effective since October 1, 2023, following HB 1029’s passage. The statute aligns with Maryland’s broader tobacco control measures, enforced by the Maryland Department of Health’s Center for Tobacco Prevention and Control. Violations may result in fines up to $50 for a first offense, escalating to $100 for subsequent violations. Local jurisdictions, including Baltimore City and Montgomery County, have augmented these restrictions with additional ordinances targeting public health protections.


Key Regulations for Vaping in a Car with Kids in Maryland

  • Prohibition in Presence of Minors: Maryland Transportation § 21-1313.1 explicitly bans vaping (including e-cigarettes) in any vehicle when a passenger under 18 is present. The law applies regardless of whether the minor is a family member or unrelated.
  • Enforcement by Local Authorities: Local health departments and law enforcement agencies, such as the Baltimore City Health Department and Montgomery County Police, are authorized to issue citations. Compliance checks may occur during routine traffic stops or targeted public health initiatives.
  • 2026 Compliance Shifts: Starting January 1, 2026, the Maryland Department of Health will expand enforcement protocols to include mandatory reporting of violations by healthcare providers and educational institutions, per HB 1423’s amendments to the Public Health Code.