S 8065: Prohibits the possession of an open container of cannabis or cannabis product in the passenger area of certain motor vehicles.

  
  STATE OF NEW YORK ________________________________________________________________________ 8065 2025-2026 Regular Sessions  IN SENATE May 15, 2025 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to prohibiting the possession of an open container of cannabis, cannabis product, or cannabis paraphernalia in the passenger area of certain motor vehicles The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 1227 of the vehicle and traffic 2 law, as amended by chapter 92 of the laws of 2021, is amended to read as 3 follows: 4 1. The drinking of alcoholic beverages [or consumption of cannabis,] 5 or the possession of an open container containing an alcoholic bever- 6 age[,] in a motor vehicle located upon the public highways or right-of- 7 way public highway is prohibited. Any operator or passenger violating 8 this section shall be guilty of a traffic infraction. 9 The provisions of this section shall not be deemed to prohibit the 10 drinking of alcoholic beverages[, the consumption of cannabis by means 11 other than burning,] or the possession of an open container containing 12 an alcoholic beverage by passengers in passenger vehicles operated 13 pursuant to a certificate or permit issued by the department of trans- 14 portation or the United States department of transportation. Further- 15 more, the provisions of this section shall not be deemed to prohibit the 16 possession of wine which is: (a) resealed in accordance with the 17 provisions of subdivision four of section eighty-one of the alcoholic 18 beverage control law; and (b) is transported in the vehicle's trunk or 19 is transported behind the last upright seat or in an area not normally 20 occupied by the driver or passenger in a motor vehicle that is not 21 equipped with a trunk. 22 § 2. The vehicle and traffic law is amended by adding a new section 23 1227-a to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13135-01-5 
 S. 8065 2 1 § 1227-a. Consumption or possession of cannabis in certain motor vehi- 2 cles. 1. The consumption of cannabis or cannabis product or the 3 possession of an open container containing cannabis or cannabis product 4 in the passenger area of a motor vehicle located upon the public high- 5 ways, right-of-way public highways, or upon any way or in any place to 6 which the public has a right of access or upon any way or in any place 7 to which members of the public have access as invitees or licensees is 8 prohibited. Any operator or passenger violating this section shall be 9 guilty of a traffic infraction. 10 The provisions of this section shall not be deemed to prohibit the 11 consumption of cannabis or cannabis product by means other than burning, 12 or the possession of an open container containing cannabis or cannabis 13 product by passengers in passenger vehicles operated pursuant to a 14 certificate or permit issued by the department of transportation or the 15 United States department of transportation. 16 2. For the purposes of this section: 17 (a) "open container" shall mean that the package containing cannabis 18 or cannabis products has its seal broken or from which the contents have 19 been partially removed or consumed. 20 (b) "passenger area" shall mean the area designed to seat the driver 21 and passengers while the motor vehicle is in operation and any area that 22 is readily accessible to the driver or passenger while in a seated posi- 23 tion; provided however that the passenger area shall not include a motor 24 vehicle's trunk, locked glove compartment or the living quarters of a 25 house coach or house trailer, or if a motor vehicle is not equipped with 26 a trunk, the area behind the last upright seat or an area not normally 27 occupied by the driver or passenger. 28 (c) "passenger vehicle" shall mean a vehicle designed to carry ten or 29 more passengers and used to carry passengers for profit or hire. 30 § 3. This act shall take effect on the one hundred eightieth day after 31 it shall have become a law.