No. SB 1056
Filed under Transportation.
Open Containers of Marijuana Products in Motor Vehicles; Prohibiting a person from possessing an open container of certain products while operating or a passenger in or on a vehicle or while seated in or on a vehicle that is parked or stopped within a road; providing that such open container is considered to be in a person’s possession under certain circumstances; providing penalties, etc.
Plain English Summary
AI-GENERATEDPossessing an open container of edibles, hemp, THC beverages, low-THC cannabis, or marijuana becomes illegal while driving, riding as a passenger, or sitting in a vehicle stopped on a road.
A first violation by the driver is just a traffic ticket. A second is a crime carrying up to 90 days in jail; a third or more can mean up to 6 months.
A passenger who violates never faces criminal charges under this law, no matter how many times. A medical marijuana patient caught violating loses that patient status, whether driving or riding.
A companion provision declares that the smell alone of any of these products, legal hemp included, counts as probable cause for police to search the vehicle.
AIPossessing an open container of edibles, hemp, hemp extract, low-THC cannabis, marijuana, or a THC beverage becomes illegal for anyone operating a vehicle, or riding as a passenger in one that is being operated.
AIThe same ban applies to a person simply seated in a vehicle that is parked or stopped within a road, not just one being driven. Passengers in vehicles used commercially for hire, or in motor homes, are excepted from this part.
AIA first violation by the operator is only a noncriminal traffic citation. A second violation is a crime punishable by up to 90 days in jail and a fine; a third or later violation raises that to up to 6 months.
AIUnlike an operator, a passenger who violates this section always commits only a noncriminal moving traffic violation, with no criminal escalation built in for repeat violations.
AIA qualified patient who violates this section, as either operator or passenger, has their medical marijuana identification card suspended for a first offense and permanently revoked for a second, on top of whatever traffic or criminal penalty applies.
AIA separate new section declares it the Legislature's intent that the smell alone of any of these products, including hemp and THC beverages that are otherwise lawful, is enough by itself to justify a vehicle search.
AIAn open container is presumed to belong to the operator only if it is not a passenger's and is not secured in a locked glove compartment, locked trunk, or other locked nonpassenger area.
AIA county or municipality is not blocked from adopting its own ordinance imposing tighter restrictions on possessing these products in a vehicle than this new state section imposes.