No, Delaware prohibits vaping in vehicles when passengers under 18 are present, classifying it as a secondary offense under Title 16 § 2904B. Violations incur fines up to $100 for drivers, enforced by the Division of Public Health’s Tobacco Prevention Program. Local health departments in Wilmington and Dover actively monitor compliance, with 2026 revisions expanding penalties to include mandatory education programs for repeat offenders.
Key Regulations for Vaping in a Car with Kids in Delaware
- Prohibition Scope: 21 Del. C. § 2707A bans vaping (including e-cigarettes) in any vehicle occupied by a minor under 18, regardless of whether the minor is the driver’s child or a passenger.
- Enforcement Mechanism: Law enforcement may issue citations during traffic stops or welfare checks, with fines escalating to $200 for subsequent offenses under 2025 amendments.
- Local Oversight: The Delaware Division of Public Health partners with county health departments to conduct targeted awareness campaigns, particularly in high-traffic areas like Newark and Middletown.
Non-compliance risks extend beyond fines; repeat violations may trigger referrals to child protective services under Title 16 § 902, as vaping exposure is classified as child endangerment. Employers transporting minors for work-related purposes (e.g., school field trips) must adhere to stricter internal policies, as Delaware’s Department of Education mandates smoke-free vehicle policies for all school-affiliated transport.