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Can you smoke in the car with a child?

I’m carting around my niece next week while my sister’s out of town. I’m getting myself “kid-ready” but I’m used to smoking when I drive. Is it legal to smoke with a kid in the car?

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Pat Roache · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
This kid is lucky to have you for an uncle or aunt! Preparing to have a child in your car is a major part of being a responsible caretaker. The laws around smoking in the car with a child vary from state to state, so you’ll have to check your local legislation for specific rules and regulations.
As of 2022, the following states currently have laws against smoking in your personal car with a child:
  • Arkansas
  • California
  • Illinois
  • Louisiana
  • Maine
  • Oregon
  • Utah
  • Vermont
  • Virginia
Each state has a unique set of guidelines pertaining to age limits and penalties. However, even if it is legal for you to smoke in the car with your niece, it’s best practice to avoid smoking when there’s a child present.
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