West Virginia Passes Bill Banning Smoking in Cars with Children Under 16

West Virginia bans smoking cars children

The West Virginia Senate has passed Senate Bill 378, which prohibits smoking in vehicles when children under the age of 16 are present. The bill, set to take effect on June 5, recognizes a lit tobacco product as any lighted pipe, cigarette, cigar, or other device containing a tobacco-based product that can be smoked.

Under the new law, smoking tobacco products in the presence of children under 16 will be considered a misdemeanor offense. Those found guilty will be subject to a $25 fine. The bill specifies that the offense is secondary, meaning that drivers cannot be pulled over solely for smoking with a child in the car, but they can be charged if pulled over for another reason.

While the goal is not to issue tickets, State Senator Tom Takubo hopes that the new law will raise enough awareness to prevent parents from engaging in behaviors that can have long-lasting detrimental effects on their children’s health. West Virginia has one of the highest smoking rates per capita in the United States, and Takubo notes that lung cancer kills more people in the state than the next four most common cancers combined.

As the vaping industry continues to evolve and gain popularity, it remains to be seen how this new law will impact the use of e-cigarettes and other vaping devices in vehicles with children present. While the bill specifically targets lit tobacco products, the overarching goal of protecting youth from the dangers of secondhand smoke may lead to future discussions about the potential risks associated with vaping in confined spaces.

Matthew Ma
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