Bill > SSB1098

Introduced Session

Under current law, the driver of a motor vehicle and passengers, other than passengers being transported in a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, and passengers being transported in the living quarters of a motor home, motorsports recreational vehicle, manufactured or mobile home, travel trailer, or fifth-wheel travel trailer, are prohibited from possessing in the passenger area of the motor vehicle an open or unsealed bottle, can, jar, or other receptacle containing an alcoholic beverage while the vehicle is operated on a public street or highway. An open or unsealed receptacle containing an alcoholic beverage may be transported in the trunk of the motor vehicle or behind the last upright seat of the motor vehicle if the motor vehicle does not have a trunk. This bill similarly prohibits a driver and passenger from possessing an open container of an otherwise lawful beverage containing tetrahydrocannabinol (THC). A lawful beverage containing THC must not exceed 0.3 percent on a dry weight basis, is limited to 4 milligrams of THC (on a dry weight basis) per serving and 10 milligrams of THC (on a dry weight S.F. _____ H.F. _____ basis) per container, and must hold a minimum of 12 ounces (641 IAC 156.1), in addition to certain labeling requirements under Code chapter 204 (hemp and hemp products). By operation of law, a person who violates the open container prohibitions in Code section 321.284 (driver) or 321.284A (passenger), including by possessing an open container of an otherwise lawful beverage containing THC, commits a simple misdemeanor punishable by a $260 scheduled fine.

Committee Categories

No sponsors listed

Other Sponsors (1)

Committee report approving bill, renumbered as SF 392. (on 02/19/2025)

Official Document