Bill
S 1258
Creates a traffic offense prohibiting open possession of narcotics or marijuana in the passenger area of a vehicle, with a $100-$500 fine unless kept in a closed container.
Status: Introduced (filed 01/07/2025). Referred to committee (records show referral to The Judiciary and to Environmental Conservation; see “Procedural status” below).
Purpose
- To create a specific traffic-related offense prohibiting open possession of narcotic drugs and marihuana in the passenger area of motor vehicles, modeled on open-container rules for alcohol, with a monetary penalty.
Key provisions
- Adds a new Section 24I½ to Chapter 90 of the Massachusetts General Laws.
- Prohibited conduct: Possessing a “narcotic drug” or “marihuana” (terms as defined in G.L. c. 94C §1) in the passenger area of a motor vehicle that is on a public way or in any place to which the public has access (or where the public are invitees/licensees).
- Exception: Possession is allowed if the substance is kept “within a closed bottle, bag, or other container.”
- Penalty: A fine of not less than $100 and not more than $500 for violation. No jail time or other penalties are specified in the text provided.
- Placement in law: The provision is inserted after Section 24I of Chapter 90 (which addresses open containers of alcohol).
Who would be affected
- Drivers and passengers in motor vehicles on public ways or publicly accessible places.
- Law enforcement officers, who would be able to issue fines for open possession of narcotics or marijuana in the passenger area.
- Courts processing civil/traffic violations and municipalities administering fines.
- Potentially owners of vehicles and employers who supervise drivers (e.g., commercial fleets), depending on enforcement practice.
Enforcement and scope notes
- The prohibition focuses on possession in the passenger area (as opposed to trunks or locked storage), with a specific exception for closed containers — suggesting intent to target “open” or readily accessible possession.
- The statute refers to definitions in Chapter 94C (controlled substances) for the meaning of “narcotic” and “marihuana.”
Procedural status & timeline (from provided record)
- Filed: 01/07/2025 (Senate docket No. 1258; presented by Sen. Bruce E. Tarr).
- Recorded referrals and actions in the provided file include referral to The Judiciary, referral to Environmental Conservation, and various hearing scheduling entries (dates in mid-2025). Records appear inconsistent across entries; readers should consult the official legislative website for current status and committee assignment.
Potential impacts and considerations
- Likely to increase traffic citations for open possession of controlled substances and marijuana even where possession might otherwise be lawful (e.g., permitted medical or regulated recreational possession) if not kept in a closed container.
- May require guidance/training for law enforcement on distinguishing “closed container” compliance and on interaction with Massachusetts’ broader marijuana and controlled-substance laws.
- Could raise legal questions about interaction with Chapter 94C provisions and with civil/regulatory frameworks for legal marijuana possession.
Note on document inconsistencies
- The bill metadata (title, sponsors, committee referrals) and legislative-action entries contain inconsistencies (different committee names, sponsors, and an unrelated title about greenhouse gas emissions). The summary above is based on the bill text inserted into Chapter 90 (safe driving / open containers). For definitive legislative history and sponsor/committee details, consult the official Massachusetts legislative information system.
Compiled from official sources — confirm details with the bill’s official record.
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