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

Status: REFERRED TO TRANSPORTATION (as of 2026-01-07)

State: New York · Session: 2025-2026 · Bill: S 8065

Sponsors: James Skoufis

Bill Text

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S08065 Summary:

BILL NOS08065 

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SAME ASNo Same As

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SPONSORSKOUFIS

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COSPNSR

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MLTSPNSR

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Amd §1227, add §1227-a, V & T L

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

Go to top S08065 Actions:

BILL NOS08065 

&nbsp

05/15/2025REFERRED TO TRANSPORTATION

01/07/2026REFERRED TO TRANSPORTATION

Go to topS08065 Committee&nbspVotes:

Go to topS08065 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS08065 Text:

 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 se

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