No. CS/HB 1003
Filed under Healthcare.
Open Cannabis Containers in Motor Vehicles; Prohibits person from possessing open cannabis container while operating or passenger in or on motor vehicle or while seated in or on motor vehicle that is parked or stopped within road; specifies circumstances in which open cannabis container is considered to be in person's possession; provides penalties; requires DHSMV to report certain violations to DOH & requires DOH to maintain records of such violations; authorizes local government to adopt certain ordinances; requires DOH to suspend or revoke registration of qualified patients & caregivers under specified circumstances.
Plain English Summary
AI-GENERATEDDrivers and passengers may no longer possess an open container of marijuana, one a person could immediately consume, inhale, or smoke, while a vehicle is moving, or while seated in a vehicle stopped or parked within a road.
An open container counts against the driver if it is within easy reach and not in a passenger's control, unless it is locked away in a trunk or glove box; it counts against a passenger if it is in that passenger's physical control.
Violating drivers face a noncriminal moving-traffic ticket, and passengers face a nonmoving one. Rideshare riders, bus passengers, and contracted-transport passengers are exempt entirely, while local governments may pass stricter rules of their own.
A medical marijuana patient or caregiver cited a third time has their registration suspended immediately, before any finding of guilt, and revoked outright if that third violation is admitted to or proven.
AINo one may possess an open cannabis container while operating a motor vehicle or riding as a passenger in one that is being operated.
AIAn open container counts as the driver's possession if it is within easy reach while seated and not in a passenger's control, unless it is locked in a trunk, glove box, or other nonpassenger area; otherwise it counts as the passenger's if it is in that passenger's physical control.
AIOnce a qualified patient or caregiver is cited for a third violation, the Department of Health must immediately suspend their medical marijuana registration while the citation is still pending, before it is proven or admitted.
AIThe same prohibition applies to a person seated in a vehicle that is parked or stopped within a road, not just one that is moving.
AIA violating driver commits a noncriminal moving traffic violation, and a violating passenger commits a nonmoving traffic violation, both punishable under the traffic infraction chapter rather than as criminal offenses.
AIA rider in a transportation network company vehicle such as a rideshare, along with bus passengers and passengers of vehicles operating under a paid transportation contract, are exempt from the entire section.
AIA county or municipality may adopt an ordinance with tougher restrictions on open cannabis containers in vehicles than the state law imposes, but not looser ones.