An Act To Promote Highway Safety by Restricting the Use of Marijuana and Possession of an Open Marijuana Container in a Motor Vehicle
Maine Legislature, Session 128, LD 0596
Committee: Criminal Justice and Public Safety
Sponsors: COREY, COLLINS, ROSEN, DENNO, GERRISH, HARRINGTON, HERRICK, TUCKER, TUELL, CYRWAY
Amends: 29-A MRSA §2112-B

Legislative Document
No. 596
H.P. 412
House of Representatives, February 16, 2017
An Act To Promote Highway Safety by Restricting the Use of 
Marijuana and Possession of an Open Marijuana Container in a 
Motor Vehicle
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative COREY of Windham.
Cosponsored by Senator COLLINS of York, Senator ROSEN of Hancock and
Representatives: DENNO of Cumberland, GERRISH of Lebanon, HARRINGTON of Sanford, 
HERRICK of Paris, McCREA of Fort Fairfield, TUCKER of Brunswick, TUELL of East 
Machias, Senator: CYRWAY of Kennebec.
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.