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2025 Delaware Code
Title 16 - Health and Safety
Chapter 29. CLEAN INDOOR AIR ACT
§ 2909. Smoking restrictions within vehicles.
Universal Citation:
16 DE Code § 2909 (2025)
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§ 2909. Smoking restrictions within vehicles.
(a) A person is prohibited from smoking in a vehicle, whether it is in motion or at rest, if a person under 16 years of age is in the vehicle, regardless of whether the vehicle's windows are open. This subsection does not apply to a person who is the sole occupant of a vehicle.
(b) State and local police are empowered to enforce this section, but a police officer may not stop or detain a motor vehicle or its driver nor inspect or search the vehicle, the contents of the vehicle, or the operator or passenger of the vehicle solely for a violation or suspected violation of this section.
84 Del. Laws, c. 214, § 3;
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