HOUSE DOCKET, NO. 595        FILED ON: 1/25/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 149

The Commonwealth of Massachusetts

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PRESENTED BY:

Shawn Dooley

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to create an open-container law for marijuana.

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PETITION OF:

HOUSE DOCKET, NO. 595        FILED ON: 1/25/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 149

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3517 OF 2019-2020.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act to create an open-container law for 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. Chapter 90 of the General Laws is hereby amended after Section 24I by inserting the following new section:-

“Section 24I½. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Marijuana”, the term “marijuana” or “marihuana” as defined in section 1 of chapter 94G.

“Edibles”, baked goods, candies, drinks, or other food items that contain marijuana, the drug cannabis, THC, or THC oils.

“Opened container of marijuana” any marijuana or marijuana product, including but not limited to edibles, in which the original packaging has been opened or the original seal broken and/or any edible that has been obviously altered from its original state. Marijuana and marijuana products, including but not limited to edibles, that are not manufactured by a licensed facility are considered open regardless of packaging.

'”Passenger area”, the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in a seated position including, but not limited to, the glove compartment; provided, however, that the passenger area shall not include a motor vehicle’s trunk or a locked glove compartment or, if a motor vehicle is not equipped with a trunk, the area behind the last upright seat or an area not normally occupied by the driver or passenger.

(b) No person shall, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, possess an open container of marijuana or marijuana products in the passenger area of any motor vehicle. A person who violates this subsection shall be punished by a civil penalty of not less than $100 or more than $500.

(c) This section shall not apply to: (1) the passengers of a motor vehicle designed, maintained and used for the transportation of persons for compensation so long as the driver is separated from the passengers in such a way that they will not be affected by any activities involving prepared paraphernalia or opened edibles, and (2) the living quarters of a house coach or house trailer.”

SECTION 2. Section 13 of Chapter 94G of the General Laws is hereby amended by striking out subsection (d).