Delaware Code Title 16. Health and Safety § 2909. Smoking restrictions within vehicles

(a) A person is prohibited from smoking in a vehicle, whether it is in motion or at rest, if a person under 16 years of age is in the vehicle, regardless of whether the vehicle's windows are open.  This subsection does not apply to a person who is the sole occupant of a vehicle.

(b) State and local police are empowered to enforce this section, but a police officer may not stop or detain a motor vehicle or its driver nor inspect or search the vehicle, the contents of the vehicle, or the operator or passenger of the vehicle solely for a violation or suspected violation of this section.