New York Senator Files Legislation to Ban Cannabis Use and Open Containers in Passenger Areas of Vehicles

Senate Bill 8865, introduced by Senator James Skoufis (D) and referred to the Senate Transportation Committee, would amend the state’s vehicle and traffic law to explicitly prohibit the consumption of cannabis or possession of an open container of cannabis or cannabis product in the passenger compartment of a vehicle on public highways, shoulders, or rights-of-way.

The legislation defines “passenger area” as any part of a vehicle designed to seat the driver or passengers, including unlocked glove compartments and any space within reach of the driver while seated. Cannabis in sealed packaging or stored in a vehicle’s trunk or a locked glove box would be exempt. The bill also makes clear that violations would be considered traffic infractions, aligning cannabis consumption laws with those already in place for alcohol.

Skoufis’ proposal would apply to both operating and parked vehicles, so long as they are located on public roads or areas where vehicles can legally be driven. The measure excludes buses and other vehicles designed to carry more than ten people.

If enacted, the law would take effect 180 days after being signed.