Bill Text: IA HSB29 | 2025-2026 | 91st General Assembly | Introduced


Bill Title: 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.(See HF 181.)

Spectrum: Committee Bill

Status: (Introduced) 2025-01-30 - Committee report approving bill, renumbered as HF 181. [HSB29 Detail]

Download: Iowa-2025-HSB29-Introduced.html
House Study Bill 29 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF PUBLIC SAFETY BILL) A BILL FOR An Act prohibiting open containers of beverages containing 1 tetrahydrocannabinol in the passenger area of motor vehicles 2 on highways, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1427XD (4) 91 th/ns
S.F. _____ H.F. _____ Section 1. Section 321.284, Code 2025, is amended to read 1 as follows: 2 321.284 Open containers in motor vehicles —— drivers. 3 1. A driver of person operating a motor vehicle upon a 4 public street or highway shall not possess in the passenger 5 area of the motor vehicle an open or unsealed bottle, can, 6 jar, or other receptacle containing an alcoholic beverage or 7 a beverage containing any amount of tetrahydrocannabinol . 8 “Passenger area” means the area designed to seat the driver and 9 passengers while the motor vehicle is in operation and any area 10 that is readily accessible to the driver or a passenger while 11 in their seating positions, including the glove compartment. 12 An open or unsealed receptacle containing an alcoholic beverage 13 or an otherwise lawful beverage containing tetrahydrocannabinol 14 may be transported in the trunk of the motor vehicle. An 15 unsealed receptacle containing an alcoholic beverage or an 16 otherwise lawful beverage containing tetrahydrocannabinol 17 may be transported behind the last upright seat of the motor 18 vehicle if the motor vehicle does not have a trunk. A person 19 convicted of a violation of this section is guilty of a simple 20 misdemeanor punishable as a scheduled violation under section 21 805.8A, subsection 14 , paragraph “e” . 22 2. A person under the age of twenty-one who violates 23 possesses an alcoholic beverage in violation of this section is 24 guilty of a violation of section 123.47 . 25 Sec. 2. Section 321.284A, subsections 1 and 4, Code 2025, 26 are amended to read as follows: 27 1. A passenger in a motor vehicle upon a public street 28 or highway shall not possess in the passenger area of the 29 motor vehicle an open or unsealed bottle, can, jar, or other 30 receptacle containing an alcoholic beverage or a beverage 31 containing any amount of tetrahydrocannabinol . “Passenger 32 area” means the area of a motor vehicle designed to seat the 33 driver and passengers while the motor vehicle is in operation 34 and any area that is readily accessible to the driver or a 35 -1- LSB 1427XD (4) 91 th/ns 1/ 3
S.F. _____ H.F. _____ passenger while in their seating positions, including the glove 1 compartment. An open or unsealed receptacle containing an 2 alcoholic beverage or an otherwise lawful beverage containing 3 tetrahydrocannabinol may be transported in the trunk of 4 the motor vehicle. An unsealed receptacle containing an 5 alcoholic beverage or an otherwise lawful beverage containing 6 tetrahydrocannabinol may be transported behind the last upright 7 seat of the motor vehicle if the motor vehicle does not have a 8 trunk. 9 4. A person under the age of twenty-one years who violates 10 possesses an alcoholic beverage in violation of this section is 11 guilty of a violation of section 123.47 . 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 Under current law, the driver of a motor vehicle and 16 passengers, other than passengers being transported in a 17 motor vehicle designed, maintained, or used primarily for the 18 transportation of persons for compensation, and passengers 19 being transported in the living quarters of a motor home, 20 motorsports recreational vehicle, manufactured or mobile home, 21 travel trailer, or fifth-wheel travel trailer, are prohibited 22 from possessing in the passenger area of the motor vehicle 23 an open or unsealed bottle, can, jar, or other receptacle 24 containing an alcoholic beverage while the vehicle is operated 25 on a public street or highway. An open or unsealed receptacle 26 containing an alcoholic beverage may be transported in the 27 trunk of the motor vehicle or behind the last upright seat of 28 the motor vehicle if the motor vehicle does not have a trunk. 29 This bill similarly prohibits a driver and passenger from 30 possessing an open container of an otherwise lawful beverage 31 containing tetrahydrocannabinol (THC). A lawful beverage 32 containing THC must not exceed 0.3 percent on a dry weight 33 basis, is limited to 4 milligrams of THC (on a dry weight 34 basis) per serving and 10 milligrams of THC (on a dry weight 35 -2- LSB 1427XD (4) 91 th/ns 2/ 3
S.F. _____ H.F. _____ basis) per container, and must hold a minimum of 12 ounces (641 1 IAC 156.1), in addition to certain labeling requirements under 2 Code chapter 204 (hemp and hemp products). 3 By operation of law, a person who violates the open container 4 prohibitions in Code section 321.284 (driver) or 321.284A 5 (passenger), including by possessing an open container of an 6 otherwise lawful beverage containing THC, commits a simple 7 misdemeanor punishable by a $260 scheduled fine. 8 -3- LSB 1427XD (4) 91 th/ns 3/ 3
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