Amendment #313 to H4200

Open Container Marijuana Policy

Mr. Dooley of Norfolk moves to amend the bill by adding the following section: “SECTION XX Chapter 90 of the General laws is hereby amended by inserting after section 24X the following section:-

Section 24Y. (a) As used in this section, the following words shall have the following meanings:

“Marijuana”, has the meaning given “marihuana” in Chapter 94C of the General Laws. This also includes medical marijuana.

“Prepared paraphernalia”, papers, pipes, or other devices used for the smoking of marijuana which contain burnt or partially-burnt quantities of marijuana in such a way that would allow the marijuana, or its smoke, to be immediately consumed.

''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) Whoever, 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, possesses prepared paraphernalia in the passenger area of any motor vehicle shall be punished by a fine of not less than $100 nor 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 prevents marijuana or its smoke from being ingested by the driver, or (2) the living quarters of a house coach or house trailer.

(d) Notwithstanding this section, the driver of any motor vehicle, including but not limited to a house coach or house trailer, shall not possess prepared paraphernalia.”

Additional co-sponsor(s) added to Amendment #313 to H4200

Open Container Marijuana Policy