(1) As used in this section: (a) Consumes includes the inhalation of smoke from a marijuana item by a driver or passenger of a motor vehicle. (b) Marijuana item has the meaning given that term in ORS 475C.009. (2) A person commits the offense of use of marijuana in a motor vehicle if the person consumes in any manner a marijuana item while in a motor vehicle when the motor vehicle is upon a highway. (3) This section does not apply to passengers in a motor vehicle that is operated by a common carrier and used primarily to carry passengers for hire. (4) Use of marijuana in a motor vehicle is a Class B traffic violation. Note: 811.482 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
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