Amendment ID: S2801-10

Amendment 10

Expanding the open container law to ensure safety on the roads of the Commonwealth

Messrs. Tarr and Timilty move that the proposed new draft be amended by inserting after section _ the following new sections:-

SECTION_. Subsection (a) of section 24I of said chapter 90, as so appearing, is hereby amended by inserting after the definition of “Open container” the following definition:-

''Open or loose marijuana,'' finished  marijuana or marijuana products, as defined by chapter 94G, that are not contained in the original unopened packaging provided by a marijuana retailer licensed under said chapter, or edible products prepared with marijuana, as defined under said chapter, or marijuana, as defined in section 1 of chapter 94C; provided, that resealable packages including but not limited to plastic zipper-top bags and screw-top jars shall constitute an open container for purposes of this section.

SECTION _  Said section 24I of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 17 to 19, the words “, 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 licenses,”.

SECTION _.  Said section 24I of said chapter 90, as so appearing, is hereby further amended by inserting after the word “beverage”, in lines 20 and 29, each time it appears, the following words:- or open or loose marijuana.

SECTION _.  Section 24L of said chapter 90, as so appearing, is hereby amended by striking out, in lines 1 to 3, the words “, 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,”.

SECTION _.  Said section 24L of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 6 to 10, the words “, or marihuana, narcotic drugs, depressants, or stimulant substances, all as defined in section one of chapter ninety-four C, or while under the influence from smelling or inhaling the fumes of any substance having the property of releasing toxic vapors as defined in section 18 of chapter 270” and inserting in place thereof, each time they appear, the following words:- or any other intoxicating substance or combination of substances.

SECTION _.  Said section 24L of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 38 to 40, the words “, 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,”.

SECTION _.  Said section 24L of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 43 to 47, the words “, or of marihuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or while under the influence from smelling or inhaling the fumes of any substance having the property of releasing toxic vapors as defined in section 18 of chapter 270” and inserting in place thereof, each time they appear, the following words:- or any other intoxicating substance or combination of substances.