ORS 811.193: Smoking, aerosolizing or vaporizing in motor vehicle when child is present; penalty.

(1)(a) A person commits the offense of smoking, aerosolizing or vaporizing in a motor vehicle if the person smokes or uses an inhalant delivery system in a motor vehicle while a person under 18 years of age is in the motor vehicle.

      (b) As used in this subsection:

      (A) “Smokes” means to inhale, exhale, burn or carry a lighted cigarette, cigar, pipe, weed, plant, regulated narcotic or other combustible substance; and

      (B) “Uses an inhalant delivery system” means to use an inhalant delivery system, as defined in ORS 431A.175, in a manner that creates an aerosol or vapor.

      (2) Notwithstanding ORS 810.410, a police officer may enforce this section only if the police officer has already stopped and detained the driver operating the motor vehicle for a separate traffic violation or other offense.

      (3) Smoking, aerosolizing or vaporizing in a motor vehicle is a:

      (a) Class D traffic violation for a first offense.

      (b) Class C traffic violation for a second or subsequent offense.