Oregon has long been a state that prioritizes public health and environmental consciousness. In keeping with these values, the state has implemented several laws aimed at reducing the risks of secondhand smoke—especially to children.
One such regulation directly addresses whether smoking in a vehicle with a minor is permitted. If you’re wondering whether it’s illegal to smoke in a car with a child in Oregon, the short answer is yes—it is against the law.
But there’s more to understand about the scope, penalties, and purpose of this rule.
Understanding Oregon’s Law on Smoking in Vehicles with Minors
In 2013, Oregon lawmakers passed Senate Bill 444, which created ORS 811.193, a statute making it illegal to smoke in a motor vehicle when a person under the age of 18 is present.
This law applies regardless of whether the windows are open or closed. It was part of a broader effort to protect children from the well-documented dangers of secondhand smoke, which include asthma, respiratory infections, and even sudden infant death syndrome (SIDS).
Unlike some state laws that only prohibit smoking with very young children present, Oregon’s law sets the age limit at 18, reflecting a strong stance on public health and youth protection.
What Counts as Smoking?
Under the law, “smoking” refers to inhaling, exhaling, burning, or carrying any lighted tobacco product. This includes cigarettes, cigars, and pipes. While the original law focuses on tobacco, Oregon’s broader regulations on public smoking could potentially extend to marijuana and vaping devices, though enforcement may vary depending on local jurisdiction and interpretation.
It’s important to note that this statute applies specifically to motor vehicles, not to homes, backyards, or other private spaces. However, Oregon has other smoking restrictions in place for those settings under separate laws.
Penalties for Violating the Law
A person caught smoking in a car with a minor present may face a Class D traffic violation. The fine for a first offense can be up to $250, and for a second or subsequent offense, the penalty may go as high as $500.
Law enforcement officers are allowed to issue a citation if they observe someone smoking in a car with a child. However, they cannot pull you over solely for this offense—a citation can only be issued if you are stopped for another traffic violation or infraction. This means the law is considered a secondary offense, not a primary one.
Why the Law Matters
Secondhand smoke is known to be especially harmful to children. Unlike adults, children have smaller lungs and developing immune systems, making them more vulnerable to toxic exposure. When smoking occurs in a confined space like a vehicle, the levels of toxic particles can become dangerously high—even if the windows are rolled down or air conditioning is on.
The American Lung Association supports laws like Oregon’s, citing research showing that exposure to secondhand smoke can lead to bronchitis, pneumonia, ear infections, and long-term respiratory problems in children. Additionally, children exposed to smoking early in life are statistically more likely to become smokers themselves.
What About Vaping or Marijuana?
Although ORS 811.193 specifically refers to tobacco, the lines are blurrier when it comes to vaping or marijuana use. In Oregon, recreational marijuana is legal for adults over 21, but it is still illegal to use marijuana in public spaces or in vehicles, regardless of the presence of children.
As for vaping, there’s an increasing push nationwide to regulate e-cigarette use in vehicles with minors, given emerging research on the potential harms of vapor inhalation. While vaping isn’t explicitly included in this statute, Oregon’s Indoor Clean Air Act covers e-cigarette usage in enclosed public spaces and workplaces, signaling the state’s inclination to treat vaping with the same caution as smoking.
How Oregon Compares to Other States
Oregon is one of more than a dozen states that have implemented laws prohibiting smoking in vehicles with minors. Others include California, Arkansas, Vermont, Louisiana, and Utah, among others. However, the specifics of these laws vary, particularly in terms of the child’s age threshold and whether enforcement is primary or secondary.
Oregon’s age limit of 18 is higher than some other states, which often restrict smoking in vehicles when children under 12 or 14 are present. This broader coverage reflects the state’s aggressive public health policies and concern for long-term health outcomes.
Final Thoughts
Yes, it is illegal to smoke in a car with a child under 18 in Oregon. The law, enforced as a secondary offense, aims to protect minors from the proven dangers of secondhand smoke in enclosed spaces. With fines of up to $500 for repeat violations, the law sends a clear message that children’s health is a top priority.
Whether you’re a resident or just passing through Oregon, it’s crucial to be aware of this law—not just to avoid a citation, but to ensure a healthier environment for children. As public health research continues to highlight the risks of exposure, Oregon’s stance serves as a model for states seeking to safeguard their youngest residents.