E-cigarettes are popular among college students. A study shows that e-cigarette use among college students went up from 4.9% in 2015 to 12.6% in 2019. While federal law bans selling e-cigarettes to people under 21, those 21 and older often take a more cavalier view of e-cigarette use, even while driving.
E-cigarette legality in Wisconsin
Wisconsin allows e-cigarettes but has a few regulations. The law bans selling e-cigarettes to people under 18, and some public places, like parks and indoor spaces, do not allow e-cigarette use.
Smoking while driving
Wisconsin law does not ban smoking while driving. However, if smoking distracts you or affects your driving, an officer may ticket you for distracted driving or for Operating While Intoxicated (OWI). Smoking with minors in the car can lead to fines due to health risks from secondhand smoke.
E-cigarettes and impairment
Some e-cigarettes have substances that can affect driving. E-cigarettes with THC, the central active part of cannabis, can significantly impact your driving. Other substances, like synthetic cannabinoids or high levels of nicotine, can also affect how you think and move. Wisconsin bans THC and cannabinoids, and if caught, you will face drug charges. However, hemp-based CBD products with no more than 0.3% THC are legal.
Police encounters and e-cigarettes
If your e-cigarette does not have THC, cannabinoids or other substances that affect driving, officers usually cannot hold you just for having an e-cigarette. However, they might investigate you more if they think you are impaired while driving or doing something illegal.
Search and seizure
Police usually need a warrant to search or take your property, including e-cigarettes. However, if an officer thinks your e-cigarette has illegal substances, they might seize it without a warrant. During a legal traffic stop, if the officer believes you are impaired, they may check further, including testing.
On-the-spot testing
Wisconsin police cannot do quick tests for THC or other banned substances like they can for alcohol with a breathalyzer. If an officer thinks you are on drugs, they can ask for a chemical test, like blood or urine, usually done at a hospital or police station. Saying no to a chemical test can lead to losing your license and other penalties.
Knowing these rules can help you stay informed and safe on the road. Always put safety first, and do not consume anything that could affect your driving.
