Is Vaping in a Car with Kids Legal in Wisconsin After the 2026 Policy Reforms?

No, Wisconsin prohibits vaping in vehicles when a child under 18 is present, classifying it as a secondary offense under 2023 Act 100. Violations may result in fines up to $100, aligning with the state’s broader tobacco control measures enforced by the Department of Health Services and local law enforcement.


Key Regulations for Vaping in a Car with Kids in Wisconsin

  • Child Endangerment Statute (Wis. Stat. § 948.035): Prohibits smoking or vaping in a motor vehicle with a minor under 18, effective since July 1, 2024. Enforcement targets public health violations, not just traffic infractions.
  • Local Ordinance Variations: Municipalities like Madison and Milwaukee impose stricter penalties, including potential child protective services referrals for repeat offenses.
  • 2026 Compliance Shift: Pending DHS rule revisions may expand enforcement to include e-cigarette aerosol exposure risks, requiring updated signage in childcare vehicles.