Smoking in Vehicle with Minor Laws by State

Federal & State Law Editorial TeamLast reviewed: April 2026

Whether the state bans smoking in a vehicle with a minor present, the age threshold for the protection, and the typical penalty for violation.

50 States2 data columnsLast updated: May 2026

Click any column header to sort ascending or descending. Click again to reverse, and a third time to reset.

Banned	Age Threshold	Penalty
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
Yes	Under 16	$25 fine
Yes	Under 18	$100 fine
Yes	Under 18	Secondary; $50
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
Yes	Under 18	$100 fine
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
Yes	Under 13	$150 fine
Yes	Under 16	$50 fine
Yes	Under 8	$50 fine
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
Yes	Under 18	$250 fine
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
Yes	Under 16	$45 fine
Yes	Under 8	$100 fine
Yes	Under 8	$100 fine
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A
No	N/A	N/A

Most state bans are enforced as secondary offenses (officer must stop for another violation first). Federal law does not regulate private vehicle smoking with minors. Many local jurisdictions impose additional restrictions even where state law is silent. Vape products are sometimes included and sometimes excluded depending on state statutory definitions of 'smoking.'

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.