An Act To Promote Highway Safety by Restricting the Use of Marijuana and Possession of an Open Marijuana Container in a Vehicle
Maine Legislature, Session 129, LD 0141
Committee: Criminal Justice and Public Safety
Sponsors: COREY, ROSEN, ARATA, BRYANT, COSTAIN, PIERCE, RECKITT, CYRWAY, DESCHAMBAULT, DIAMOND
Amends: 29-A MRSA §2112-B

Legislative Document
No. 141
H.P. 123
House of Representatives, January 17, 2019
An Act To Promote Highway Safety by Restricting the Use of 
Marijuana and Possession of an Open Marijuana Container in a 
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 ROSEN of Hancock and
Representatives: ARATA of New Gloucester, BRYANT of Windham, COSTAIN of 
Plymouth, PIERCE of Falmouth, RECKITT of South Portland, Senators: CYRWAY of 
Kennebec, DESCHAMBAULT of York, DIAMOND of Cumberland.
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 vehicle is in operation and any area readily accessible to the operator or a 
passenger, including, but not limited to, 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;
B.  Possesses an open container; or
C.  Places marijuana or a marijuana product in a container labeled by the 
manufacturer of the container as containing a nonmarijuana substance.
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; or
B.  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.
SUMMARY
This bill makes it a traffic infraction to consume marijuana or a marijuana product, to 
possess an open container of marijuana or a marijuana product in the passenger area of a 
vehicle or to place marijuana or a marijuana product in a container labeled by the 
manufacturer of the container as containing a nonmarijuana substance.  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 vehicle a traffic infraction.