Massachusetts Wants To Extend “Open Container” Law When In A Vehicle To Cannabis & Cannabis Products

Mass Live reports

John Scheft, an attorney with Bellotti Law Group and a member of a Special Commission on Operating Under the Influence and Impaired Driving, said one survey of Arlington high school students found that students are most likely to smoke marijuana in a car, since they cannot smoke at home or in school.

“You give out a few $500 tickets, I’m not saying people won’t do weed, but they won’t do it in a car,” Scheft said at a recent commission meeting.

The OUI commission, formed by the state’s marijuana legalization law, was tasked with studying a range of issues related to operating under the influence of drugs. This includes looking at the types of drug testing that are available, the civil liberties of drivers, the admissibility of evidence in court, the burden on police, the cost of testing and other topics.

The group issued its final report Wednesday.

The commission also voted unanimously to apply the state’s open container law to marijuana, despite concerns over how it would be implemented.

Matt Allen, field director of the Massachusetts ACLU, said the alcohol law defines an open container as one where the seal is broken and the contents are partially consumed.

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