SSB 1098 (LSB 1427XD (4) 91)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF PUBLIC SAFETY BILL)

A BILL FOR

An Act prohibiting open containers of beverages containing tetrahydrocannabinol in the passenger area of motor vehicles on highways, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.284, Code 2025, is amended to read as follows:
   321.284  Open containers in motor vehicles —— drivers.
   1.  A driver of person operating a motor vehicle upon a public street or highway shall not possess in the passenger area of the motor vehicle an open or unsealed bottle, can, jar, or other receptacle containing an alcoholic beverage or a beverage containing any amount of tetrahydrocannabinol. “Passenger area” means the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including the glove compartment. An open or unsealed receptacle containing an alcoholic beverage or an otherwise lawful beverage containing tetrahydrocannabinol may be transported in the trunk of the motor vehicle. An unsealed receptacle containing an alcoholic beverage or an otherwise lawful beverage containing tetrahydrocannabinol may be transported behind the last upright seat of the motor vehicle if the motor vehicle does not have a trunk. A person convicted of a violation of this section is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 14, paragraph “e”.
   2.  A person under the age of twenty-one who violates possesses an alcoholic beverage in violation of this section is guilty of a violation of section 123.47.
    Sec. 2.  Section 321.284A, subsections 1 and 4, Code 2025, are amended to read as follows:
   1.  A passenger in a motor vehicle upon a public street or highway shall not possess in the passenger area of the motor vehicle an open or unsealed bottle, can, jar, or other receptacle containing an alcoholic beverage or a beverage containing any amount of tetrahydrocannabinol. “Passenger area” means the area of a motor vehicle designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including the glove compartment. An open or unsealed receptacle containing an alcoholic beverage or an otherwise lawful beverage containing tetrahydrocannabinol may be transported in the trunk of the motor vehicle. An unsealed receptacle containing an alcoholic beverage or an otherwise lawful beverage containing tetrahydrocannabinol may be transported behind the last upright seat of the motor vehicle if the motor vehicle does not have a trunk.
   4.  A person under the age of twenty-one years who violates possesses an alcoholic beverage in violation of this section is guilty of a violation of section 123.47.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   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 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.