Can You Smoke in a Car in Washington? Tobacco, Cannabis, Penalties

You can smoke in a car in Washington if it’s your private vehicle, you’re an adult, and the other people inside are adults too. Cannabis is the opposite: smoking, vaping, or eating it in a vehicle on a public road is illegal for both drivers and passengers, no matter that recreational cannabis is otherwise legal in the state. The rules tighten further on public transit, in rideshares, and in vehicles used to transport children in licensed care.

Tobacco in Your Own Car

No Washington statute bans tobacco smoking in a private vehicle. The Smoking in Public Places Act prohibits smoking in “public places,” but it defines that term as portions of buildings or vehicles “used by and open to the public.”1Washington State Legislature. RCW 70.160 – Smoking in Public Places A personal car carrying friends or family doesn’t fit that definition.

There’s one way tobacco can still get you a ticket. Washington treats “dangerously distracted” driving as a traffic infraction, defined as any activity unrelated to operating the vehicle that interferes with safe driving. Smoking isn’t named, but if you drop a cigarette or fumble a lighter and swerve, an officer who already stopped you for another reason can add this charge. It’s a secondary offense only, so police can’t pull you over just for being distracted. The base fine is $30.2Washington State Legislature. RCW 46.61.673 – Dangerously Distracted Driving

Cannabis in a Vehicle

This is where most drivers get caught out. Legal cannabis in Washington does not mean legal cannabis in your car.

You Can’t Consume It While on the Road

Smoking, vaping, or eating cannabis inside a motor vehicle on a public roadway is prohibited for drivers and passengers alike.3Washington State Legislature. RCW 46.61.745 – Possessing or Consuming Cannabis in Vehicle The violation is a traffic infraction and is separate from any DUI exposure.

How You Store It Matters

Even sober, you can be cited for how cannabis is stored in your vehicle. It has to be in the trunk, in an area not normally accessible to the driver or passengers if there’s no trunk, or in a sealed, unopened package. The glove box and center console both count as accessible, so an opened bag sitting in either one is a traffic infraction.3Washington State Legislature. RCW 46.61.745 – Possessing or Consuming Cannabis in Vehicle

The DUI Line

Smoking cannabis in a car can escalate from an infraction to a criminal charge fast. Washington’s per se DUI threshold is 5.0 nanograms of THC per milliliter of blood, measured within two hours of driving.4Washington State Legislature. RCW 46.61.502 – Driving Under the Influence Below that number, a prosecutor can still pursue a DUI if your driving shows impairment.

A first-offense DUI with no prior convictions in seven years brings a minimum of 24 consecutive hours in jail (or 15 days of electronic home monitoring as an alternative), a fine between $350 and $5,000, and a 90-day license suspension.5Washington State Legislature. RCW 46.61.5055 – Alcohol and Drug Violators Penalty Schedule Penalties climb with higher impairment readings and repeat offenses, and a conviction becomes a criminal record.

Smoking With Kids in the Car

Washington does not have a statewide law banning tobacco smoking in a private vehicle when a child is a passenger. Several other states do; Washington doesn’t. A parent smoking in their own car with a child present isn’t violating a specific state statute.

Licensed childcare providers work under a different rule. Washington Administrative Code requires early learning providers to prohibit smoking, vaping, and similar activities in any motor vehicle used to transport enrolled children.6Washington State Legislature. WAC 110-300-0420 Enforcement runs through the childcare licensing system, not traffic court.

Vaping and E-Cigarettes

The Smoking in Public Places Act defines “smoking” as carrying or using any kind of lighted smoking equipment.1Washington State Legislature. RCW 70.160 – Smoking in Public Places E-cigarettes and vape pens aren’t lighted, so they fall outside that definition and are regulated separately under RCW 70.345.

For a private car with only adults aboard, the practical answer tracks tobacco: no specific statute prohibits vaping while driving. On transit and in childcare transport, both smoking and vaping are explicitly banned. The childcare rule names vaping alongside smoking.6Washington State Legislature. WAC 110-300-0420

Transit, Rideshares, and Rentals

Smoking on a bus, light rail car, or at a transit station is illegal under two overlapping laws. Washington’s unlawful transit conduct statute specifically prohibits smoking or carrying a lighted pipe, cigar, or cigarette on a transit vehicle or at a station.7Washington State Legislature. RCW 9.91.025 – Unlawful Transit Conduct The Smoking in Public Places Act independently bans smoking in public transportation vehicles and facilities.8Washington State Legislature. RCW 70.160.030 – Smoking Prohibited in Public Places or Places of Employment

Rideshares and taxis sit in a gray area, but a vehicle accepting paying passengers likely falls within the “used by and open to the public” definition.1Washington State Legislature. RCW 70.160 – Smoking in Public Places Separate from the law, Lyft and Uber prohibit smoking by policy and drivers can report it.

Rental cars are governed by contract rather than statute. Most national chains prohibit smoking and charge a cleaning fee; Hertz, for example, charges $400 for a vehicle returned with evidence of smoking. Company vehicles work the same way: employers can set no-smoking rules as a condition of use, and violating them is a workplace discipline matter.

Penalties at a Glance

If there’s one rule worth memorizing before you drive, it’s the cannabis storage rule: trunk, sealed container, or somewhere passengers can’t reach. That one habit keeps a legal product from turning into a court date.