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An Act To Promote Highway Safety by Restricting the Use of Marijuana and Possession of an Open Marijuana Container in a Motor Vehicle
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  29-A MRSA §2112-B  is enacted to read:
§ 2112-B. Open container; using marijuana in a vehicle prohibited
 
1.  Definitions.     As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
 
A.  "Open container" means a receptacle that contains any amount of marijuana or consumable products made from marijuana and has a broken seal or a receptacle from which the contents have been partially removed.
 
B.  "Passenger area" means the area designed to seat the operator and passengers while a motor vehicle is in operation and any area readily accessible to the operator or a passenger, including the glove compartment, while in their seated positions.
 
C.  "Public way" means a way, including a right-of-way, owned and maintained by the State, a county or a municipality over which the general public has a right to pass.
 
2.  Violation.     The operator of a vehicle on a public way commits a traffic infraction if the operator or a passenger in the passenger area of the vehicle:
 
A.  Consumes marijuana or a marijuana product; or
 
B.  Possesses an open container.
 
3.  Exceptions.     An operator of a vehicle is not in violation of this section if:
 
A.  The operator or a passenger possesses an open container in a vehicle not equipped with a trunk if the open container is located behind the last upright seat of the vehicle or in an area not normally occupied by the operator or passenger;
 
B.  A passenger transported for a fee consumes marijuana or a marijuana product or possesses an open container in a vehicle designed for the for-hire transportation of passengers other than a taxicab;
 
C.  A passenger possesses an open container or a passenger consumes marijuana or a marijuana product in the living quarters of a motor home, trailer, semitrailer or truck camper; or
 
D.  A passenger possesses an open container and is a cardholder for medical marijuana as defined in Title 22, section 2422, subsection 1.
 
SUMMARY
This bill makes it a traffic infraction to consume marijuana or a marijuana product or to possess an open container of marijuana or a marijuana product in the passenger area of a motor vehicle. This bill is similar to the provisions of law making consuming alcohol or having an open container of alcohol in the passenger area of a motor vehicle a traffic infraction.