HOUSE DOCKET, NO. 4165        FILED ON: 3/20/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4007

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act to criminalize the operation of a motor vehicle while in possession of marijuana..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 24I of chapter 90 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following subsections:-

(d) Any person while in the operation of a motor vehicle, and  based upon probable cause, is found to be in possession of any amount of marijuana, shall be punished in accordance with the provisions of section 34 of chapter 94C and loss of driver’s license for 1 year..

(e) Possession shall also include any marijuana that is discovered within the immediate reach of the operator, inclusive of passengers, based upon probable cause. Such violation shall be subject to the same penalties as contained in subsection (d).