§300.4.1. Smoking or vaping marijuana in motor vehicles prohibited; penalties

            A. It shall be unlawful for the operator or any passenger in a motor vehicle, while the motor vehicle is being operated on a public highway or right-of-way, to smoke or vape any form of marijuana as defined by R.S. 40:961, or a substance classified in Schedule I that is marijuana, tetrahydrocannabinol, or chemical derivatives thereof.

            B. For purposes of this Section, the following words have the following meanings ascribed to them:

            (1) "Public highway or right-of-way" means the entire width between and immediately adjacent to the boundary lines of publicly maintained highways or roads when any part thereof is open to the use of the public.

            (2) "Smoke" means inhaling, exhaling, burning, or carrying any activated aerosol or vapor or any lighted cigarette, cigar, pipe, weed, plant, or other combustible substance in any manner or in any form.

            C. Whoever violates the provisions of this Section shall be fined one hundred dollars.

            D.(1) A law enforcement officer shall enforce the provisions of this Section only as a secondary action when the law enforcement officer detains a driver for another violation.

            (2) A violation of this Section shall be considered a nonmoving violation, and a citation issued by a law enforcement officer for such violation shall not be included on the driver's operating record.

            Acts 2022, No.478, §1.