(1) As used in this section:
(a) “Consumes” includes the inhalation of smoke from a marijuana item by a driver or passenger of a motor vehicle.
(b) “Marijuana item” has the meaning given that term in ORS 475C.009.
(2) A person commits the offense of use of marijuana in a motor vehicle if the person consumes in any manner a marijuana item while in a motor vehicle when the motor vehicle is upon a highway.
(3) This section does not apply to passengers in a motor vehicle that is operated by a common carrier and used primarily to carry passengers for hire.
(4) Use of marijuana in a motor vehicle is a Class B traffic violation.