(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.