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| 2 | 2 | | HOUSE DOCKET, NO. 2075 FILED ON: 1/19/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 125 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Marcus S. Vaughn |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to create an open-container law for marijuana. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Marcus S. Vaughn9th Norfolk1/19/2023 1 of 3 |
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| 16 | 16 | | HOUSE DOCKET, NO. 2075 FILED ON: 1/19/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 125 |
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| 18 | 18 | | By Representative Vaughn of Wrentham, a petition (accompanied by bill, House, No. 125) of |
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| 19 | 19 | | Marcus S. Vaughn relative to the transportation of marijuana in motor vehicles. Cannabis |
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| 20 | 20 | | Policy. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE HOUSE, NO. 149 OF 2021-2022.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act to create an open-container law for marijuana. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1. Chapter 90 of the General Laws is hereby amended after Section 24I by |
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| 32 | 32 | | 2inserting the following new section:- |
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| 33 | 33 | | 3 “Section 24I½. (a) As used in this section, the following words shall have the following |
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| 34 | 34 | | 4meanings unless the context clearly requires otherwise: |
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| 35 | 35 | | 5 “Marijuana”, the term “marijuana” or “marihuana” as defined in section 1 of chapter |
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| 36 | 36 | | 694G. |
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| 37 | 37 | | 7 “Edibles”, baked goods, candies, drinks, or other food items that contain marijuana, the |
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| 38 | 38 | | 8drug cannabis, THC, or THC oils. 2 of 3 |
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| 39 | 39 | | 9 “Opened container of marijuana” any marijuana or marijuana product, including but not |
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| 40 | 40 | | 10limited to edibles, in which the original packaging has been opened or the original seal broken |
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| 41 | 41 | | 11and/or any edible that has been obviously altered from its original state. Marijuana and marijuana |
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| 42 | 42 | | 12products, including but not limited to edibles, that are not manufactured by a licensed facility are |
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| 43 | 43 | | 13considered open regardless of packaging. |
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| 44 | 44 | | 14 '”Passenger area”, the area designed to seat the driver and passengers while the motor |
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| 45 | 45 | | 15vehicle is in operation and any area that is readily accessible to the driver or a passenger while in |
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| 46 | 46 | | 16a seated position including, but not limited to, the glove compartment; provided, however, that |
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| 47 | 47 | | 17the passenger area shall not include a motor vehicle’s trunk or a locked glove compartment or, if |
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| 48 | 48 | | 18a motor vehicle is not equipped with a trunk, the area behind the last upright seat or an area not |
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| 49 | 49 | | 19normally occupied by the driver or passenger. |
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| 50 | 50 | | 20 (b) No person shall, upon any way or in any place to which the public has a right of |
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| 51 | 51 | | 21access, or upon any way or in any place to which members of the public have access as invitees |
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| 52 | 52 | | 22or licensees, possess an open container of marijuana or marijuana products in the passenger area |
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| 53 | 53 | | 23of any motor vehicle. A person who violates this subsection shall be punished by a civil penalty |
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| 54 | 54 | | 24of not less than $100 or more than $500. |
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| 55 | 55 | | 25 (c) This section shall not apply to: (1) the passengers of a motor vehicle designed, |
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| 56 | 56 | | 26maintained and used for the transportation of persons for compensation so long as the driver is |
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| 57 | 57 | | 27separated from the passengers in such a way that they will not be affected by any activities |
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| 58 | 58 | | 28involving prepared paraphernalia or opened edibles, and (2) the living quarters of a house coach |
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| 59 | 59 | | 29or house trailer.” 3 of 3 |
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| 60 | 60 | | 30 SECTION 2. Section 13 of Chapter 94G of the General Laws is hereby amended by |
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| 61 | 61 | | 31striking out subsection (d). |
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