Can I get a ticket for smoking or vaping while driving in WA? What the law says

Washington state has rules for what you can — and can’t — do while driving.

Driving while under the influence of cannabis is illegal, and a “safety risk,” the Washington State Liquor and Cannabis Board said on its website. “Using cannabis can cause drowsiness, slow reaction time and other side effects that can impair your driving, making it dangerous for yourself and others.”

Driving drunk can also result in fines and jail time.

What about tobacco use? Is it legal to get behind the wheel with a cigarette in your hands, or blow vape smoke in your car?

Here’s what Washington state law says:

Can I smoke cigarettes while driving in Washington state?

The Revised Code of Washington doesn’t specifically prohibit smoking cigarettes, cigars or pipes while driving.

However, you can face a hefty fine for throwing cigarette butts out the window of a car, according to the Washington State Department of Ecology.

Littering fines range from $103 to $5,000.

Tossing trash on the highway can result in a fine of $231, the state Ecology Department said, while you’ll have to shell out $1,025 in fines for throwing “potentially dangerous litter,” including cigarette butts, on the road.

Trooper Daniel Mosqueda with the Washington State Patrol said this is often the most expensive ticket troopers issue.

While tossing unlit cigarette butts comes with a less hefty fine, it’s still considered littering.

“One of the things that has always irritated me is when people are at a stop sign, rest area or commercial truck stop, they’re smoking a cigarette and they put it out and just throw it out and use the parking lot as an ashtray,” Mosqueda told McClatchy Media.

He said a simple fix for this is keeping a water bottle with a little bit of water in your car where you can toss lit cigarette butts, or a garbage bag for butts that have already been put out. Neither is required by law, but can keep smokers from getting fined for littering.

You can also keep an ashtray in your car, so long as it’s used for cigarettes and not cannabis, Mosqueda said.

Is vaping while driving legal in Washington state?

Washington law doesn’t directly ban using e-cigarettes, vape pens or similar devices while behind the wheel.

However, Mosqueda noted the usage of vape pens for cannabis, called dab pens, are not the same as other electronic smoking devices.

Just because they are often odorless and can be customized to look like a standard vape does not change the fact that they contain cannabis. It is illegal to smoke cannabis while driving, even with a dab pen.

Can I smoke or vape while transporting kids?

An update to Washington law will soon limit tobacco use in vehicles owned by licensed child care centers.

Starting May 1, care providers aren’t allowed to smoke or vape while “transporting children or youth in motor vehicles,” according to the Washington Advisory Code.

Can I get pulled over for vaping, smoking behind the wheel?

If smoking or vaping impacts your ability to drive safely in Washington state, you can get pulled over for dangerously distracted driving.

State law defines “dangerously distracted” driver as anyone engaged in “any activity not related to the actual operation of a motor vehicle on any highway.”

For example, you could get a traffic ticket if your turns become dangerous or you swerve into another lane of traffic while smoking.

The fine for dangerously distracted driving in Washington state is $139.

Mosqueda told McClatchy there are cases where smoking may even turn into negligent driving, which comes with a $595 fine.

The trooper described seeing another driver attempt to light a cigarette before ending up crossing lanes and hitting his truck. That driver was fined for negligent driving.

This story was originally published February 24, 2026 at 5:00 AM with the headline "Can I get a ticket for smoking or vaping while driving in WA? What the law says."