Text to be removed highlighted in red.
1 New Section; Alcohol or Other Drug Impairment; Transporting Marijuana. Amend RSA 265-A by inserting after section 45 the following new section:
265-A:46 Transporting Marijuana.
I. Except as provided in paragraph IV, no driver shall transport, carry, possess, or have any marijuana within the passenger area of any motor vehicle or OHRV upon any way in this state except in the original container and with the seal unbroken. Unsealed containers of marijuana shall be stored and transported in the trunk of the motor vehicle or OHRV. If the motor vehicle or OHRV does not have a trunk, such containers shall be stored and transported in that compartment or area of the vehicle or OHRV which is the least accessible to the driver.
II. Except as provided in paragraph IV, no passenger shall carry, possess, or have any marijuana within any passenger area of any motor vehicle or OHRV upon any way or in an area principally used for public parking in this state except in the original container and with the seal unbroken. Unsealed containers of marijuana may be stored and transported in that compartment or area of the vehicle or OHRV which is the least accessible to the driver.
III. A person who violates this section shall be guilty of a violation and shall be subject to a fine of $150. In addition, a person who violates paragraph I of this section may have his or her drivers' license, if a resident, or driving privilege, if a nonresident, suspended 60 days for a first offense and up to one year for a second or subsequent offense.
IV. This section shall not apply to persons transporting, carrying, possessing, or having any marijuana in a chartered bus, in a taxi, or in a limousine for hire; provided, however, that the driver of any of said vehicles is prohibited from having any marijuana in or about the driver's area.
V. In this section:
(a) "Marijuana" shall have the same meaning as "cannabis-type drug" defined in RSA 318-B:1, IV.
(b) "Passenger area of any motor vehicle or OHRV" shall not include any section of a motor vehicle or OHRV which has been designed or modified for the overnight accommodation of persons or as living quarters.
(c) "Way" shall mean the entire width between the boundary lines of any public highway, street, avenue, road, alley, park, or parkway, or any private way laid out under authority of statute, or any such way provided and maintained by a public institution to which state funds are appropriated for public use or any such way which has been used for public travel for 20 years.
2 Effective Date. This act shall take effect January 1, 2022.
Text to be added highlighted in green.
1 New Section; Alcohol or Other Drug Impairment; Transporting Marijuana. Amend RSA 265-A by inserting after section 45 the following new section:
265-A:46 Transporting Marijuana.
I. Except as provided in paragraph IV, no driver shall transport, carry, possess, or have any marijuana within the passenger area of any motor vehicle or OHRV upon any way in this state except in the original container and with the seal unbroken. Unsealed containers of marijuana shall be stored and transported in the trunk of the motor vehicle or OHRV. If the motor vehicle or OHRV does not have a trunk, such containers shall be stored and transported in that compartment or area of the vehicle or OHRV which is the least accessible to the driver.
II. Except as provided in paragraph IV, no passenger shall carry, possess, or have any marijuana within any passenger area of any motor vehicle or OHRV upon any way or in an area principally used for public parking in this state except in the original container and with the seal unbroken. Unsealed containers of marijuana may be stored and transported in that compartment or area of the vehicle or OHRV which is the least accessible to the driver.
III. A person who violates this section shall be guilty of a violation and shall be subject to a fine of $150. In addition, a person who violates paragraph I of this section may have his or her drivers' license, if a resident, or driving privilege, if a nonresident, suspended 60 days for a first offense and up to one year for a second or subsequent offense.
IV. This section shall not apply to persons transporting, carrying, possessing, or having any marijuana in a chartered bus, in a taxi, or in a limousine for hire; provided, however, that the driver of any of said vehicles is prohibited from having any marijuana in or about the driver's area.
V. In this section:
(a) "Marijuana" shall have the same meaning as "cannabis-type drug" defined in RSA 318-B:1, IV.
(b) "Passenger area of any motor vehicle or OHRV" shall not include any section of a motor vehicle or OHRV which has been designed or modified for the overnight accommodation of persons or as living quarters.
(c) "Way" shall mean the entire width between the boundary lines of any public highway, street, avenue, road, alley, park, or parkway, or any private way laid out under authority of statute, or any such way provided and maintained by a public institution to which state funds are appropriated for public use or any such way which has been used for public travel for 20 years.
2 Effective Date. This act shall take effect January 1, 2022.