No, Nebraska law prohibits vaping in enclosed vehicles with minors under 18, effective since 2021, with enforcement by the Nebraska Department of Health and Human Services. Violations may result in fines up to $100 under Neb. Rev. Stat. § 71-5732. Local ordinances, such as those in Omaha, may impose stricter penalties.
Key Regulations for Vaping in a Car with Kids in Nebraska
- Minor Presence Ban: Neb. Rev. Stat. § 71-5732 explicitly prohibits vaping (including e-cigarettes) in any vehicle when a child under 18 is present, regardless of whether the vehicle is in motion or parked.
- Enforcement Authority: The Nebraska DHHS and local law enforcement agencies, such as the Omaha Police Department, are authorized to issue citations for violations, with fines escalating for repeat offenses.
- 2026 Compliance Shifts: Pending legislative updates in 2026 may expand restrictions to include cannabis vaping devices, aligning with broader public health initiatives targeting youth exposure to aerosolized substances.
Local municipalities retain the authority to enact supplementary ordinances, such as Omaha’s 2023 ordinance requiring signage in vehicles transporting minors to prohibit vaping. Non-compliance risks civil penalties and potential child endangerment charges under Neb. Rev. Stat. § 28-710. Employers and caregivers should review workplace policies and child safety protocols to ensure adherence to state and local mandates.