No, Ohio prohibits vaping in a vehicle when a child under 18 is present, effective September 2023 under HB 286. Violators face fines up to $150, with enforcement prioritized in high-traffic urban corridors like Cleveland and Columbus. Local health departments may supplement state penalties with additional educational programs.
Key Regulations for Vaping in a Car with Kids in Ohio
- Statutory Ban: Ohio Revised Code § 3794.02(A) explicitly criminalizes vaping in a motor vehicle occupied by a minor, mirroring tobacco smoke-free vehicle laws.
- Enforcement Mechanisms: The Ohio Department of Health coordinates with local law enforcement, particularly targeting repeat offenders in jurisdictions with elevated youth vaping rates (e.g., Hamilton County).
- Penalties and Exemptions: First-time offenders incur a minor misdemeanor charge, while subsequent violations escalate to fourth-degree misdemeanors. Medical exemptions require prior approval from the Ohio Board of Pharmacy.
Local ordinances may impose stricter penalties; for instance, Cincinnati’s 2024 public health code amendment authorizes additional civil fines. Employers operating company vehicles must enforce zero-tolerance policies to avoid vicarious liability under Ohio’s workplace safety statutes.