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