GREEN SHEET REDIGEST
HB 234 2022 Regular Session Schlegel
MTR VEHICLE/VIOLATIONS: Prohibits smoking or vaping marijuana in motor
vehicles
DIGEST
Proposed law prohibits the operator or any passenger in a motor vehicle, while the motor
vehicle is operated on a public highway or right-of-way, from smoking or vaping any form
of marijuana as defined by present law, or a substance classified in Schedule I that is
marijuana, tetrahydrocannabinol, or chemical derivatives thereof.
Proposed law defines "smoke" as inhaling, exhaling, burning, or carrying any activated
aerosol or vapor or any lighted cigarette, cigar, pipe, weed, plant, or other combustible
substance in any manner or in any form.
Proposed law defines "public highway or right-of-way" as the entire width between and
immediately adjacent to the boundary lines of publicly maintained highways or roads when
any part thereof is open to the use of the public.
Proposed law provides for a fine of $100.
Proposed law adds that law enforcement can only enforce proposed law as a secondary action
when detaining a driver for another violation.
Proposed law specifies that a violation of proposed law is a nonmoving violation and any
citation issued by a law enforcement officer cannot be included on the driver's operating
record.
(Adds R.S. 32:300.4.1)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Transportation,
Highways and Public Works to the original bill:
1. Remove a provision that required court cost be assessed in addition to the
authorized fine.
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation, Highways,
and Public Works to the reengrossed bill
1. Adds a law enforcement officer can only enforce the prohibition of smoking or
vaping marijuana as a secondary action when the law enforcement officer detains
a driver for another violation.
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Prepared by Archana Cadge.