Is It Illegal to Vape and Drive in New Mexico? Here’s What the Law Says

By Lucas

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Is It Illegal to Vape and Drive in New Mexico? Here's What the Law Says

In New Mexico, while vaping itself is not explicitly illegal, there are significant regulations and restrictions that impact its use, particularly when it comes to driving.

Vaping Laws in New Mexico

  • General Regulations: Vaping and the use of e-cigarettes are included under the state’s smoking laws. This means that vaping is prohibited in certain public places, including schools and school-sponsored activities. Additionally, retailers must obtain licenses to sell e-cigarette products.

Driving Under the Influence

  • Impairment Concerns: Although vaping nicotine does not have specific DUI laws associated with it, driving under the influence of any substance that impairs a driver’s ability is illegal. This includes marijuana, which is legal for recreational use but can lead to DUI charges if a driver is impaired. If a driver is found to be impaired due to substances consumed through vaping (like THC), they can face serious legal consequences.

Conclusion

While it is not illegal to vape and drive in New Mexico per se, drivers should be cautious. If vaping involves substances that impair driving capabilities (such as THC), it can lead to DUI charges.

Therefore, it is advisable for individuals to refrain from using any impairing substances before operating a vehicle to ensure safety and compliance with the law.

Sources:

  • [1] https://www.genuslawgrp.com/library/marijuana-dangers.cfm
  • [2] https://norml.org/laws/new-mexico-penalties-2/
  • [3] https://truthinitiative.org/research-resources/smoking-region/tobacco-use-new-mexico-2023
  • [4] https://www.signs.com/blog/vaping-laws-for-all-50-states/

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