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RSA 265-A:44 · Transporting Alcoholic Beverages or Marijuana

Title
XXI: MOTOR VEHICLES
Chapter
265-A · ALCOHOL OR DRUG IMPAIRMENT
Status
current
Official source linked
Yes
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265-A:44 Transporting Alcoholic Beverages or Marijuana. –

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I.

(a) The words "liquor" and "beverage" as used in this section shall have the same meanings as defined in RSA 175:1.

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(b)

The word "marijuana" as used in this section shall have the same meaning as defined in RSA 318-B and shall not include therapeutic cannabis as authorized under RSA 126-X.

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II.

Except as provided in paragraph V, no driver shall transport, carry, possess, or have any liquor or beverage within the passenger area of any motor vehicle or OHRV upon any way in this state except in the original container and with the seal unbroken. Securely capped partially filled containers of liquor or beverages shall be stored and transported in the trunk of the motor vehicle or OHRV. If the motor vehicle or OHRV does not have a trunk, such containers shall be stored and transported in that compartment or area of the vehicle or OHRV which is the least accessible to the driver. II-a. Except as provided in paragraph V, no driver shall transport, carry, possess, or have any marijuana within the passenger area of any motor vehicle or OHRV upon any way in this state except in the original container and with the seal unbroken. Securely capped partially filled containers of marijuana, or marijuana in any other form of unsealed packaging, shall be stored and transported in the trunk of the motor vehicle or OHRV. If the motor vehicle or OHRV does not have a trunk, such containers shall be stored and transported in that compartment or area of the vehicle or OHRV which is the least accessible to the driver or in the glove compartment.

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III.

Except as provided in paragraph V, no passenger shall carry, possess, or have any liquor or beverage within any passenger area of any motor vehicle or OHRV upon any way or in an area principally used for public parking in this state except in the original container and with the seal unbroken. Securely capped partially filled containers of liquor or beverages may be stored and transported in that compartment or area of the vehicle or OHRV which is the least accessible to the driver. III-a. Except as provided in paragraph V, no passenger shall carry, possess, or have any marijuana within any passenger area of any motor vehicle or OHRV upon any way or in an area principally used for public parking in this state except in the original container and with the seal unbroken. Securely capped partially filled containers of marijuana, or marijuana in any other form of unsealed packaging, may be stored and transported in that compartment or area of the vehicle or OHRV which is the least accessible to the driver or in the glove compartment.

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IV.

A person who violates this section shall be guilty of a violation and shall be subject to a fine of $150. In addition, a person who violates paragraph II or II-a of this section may have his or her drivers' license, if a resident, or driving privilege, if a nonresident, suspended 60 days for a first offense and up to one year for a second or subsequent offense.

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V.

This section shall not apply to persons transporting, carrying, possessing, or having any liquor, beverage, or marijuana in a chartered bus, in a taxi, or in a limousine for hire; provided, however, that the driver of any of said vehicles is prohibited from having any liquor, beverage, or marijuana in or about the driver's area.

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VI.

For the purposes of this section only:

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(a)

"Passenger area of any motor vehicle or OHRV" shall not include any section of a motor vehicle or OHRV which has been designed or modified for the overnight accommodation of persons or as living quarters.

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(b)

"Way" shall mean the entire width between the boundary lines of any public highway, street, avenue, road, alley, park, or parkway, or any private way laid out under authority of statute, or any such way provided and maintained by a public institution to which state funds are appropriated for public use or any such way which has been used for public travel for 20 years. Source. 2006, 260:1, eff. Jan. 1, 2007. 2019, 216:15, eff. Sept. 10, 2019. 2024, 159:1, eff. Jan. 1, 2025.

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Source note

Source. 2006, 260:1, eff. Jan. 1, 2007. 2019, 216:15, eff. Sept. 10, 2019. 2024, 159:1, eff. Jan. 1, 2025.

Source history

  • 2006, 260:1, eff. Jan. 1, 2007
  • 2019, 216:15, eff. Sept. 10, 2019
  • 2024, 159:1, eff. Jan. 1, 2025

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Bill relationships

  • 2026 HB1235 reference

    or arrest for a different offense. (b) Nothing in this chapter shall be construed to prohibit a law enforcement agency from investigating or charging a person for a violation of RSA 265-A. (c) Nothing in this chapter shall be construed as forbidding any police officer from taking into custody any minor who is found violating paragraph III or IV. (d) Any person under 21 years of age in possession of a

  • 2026 HB1235-FN reference

    or arrest for a different offense. (b) Nothing in this chapter shall be construed to prohibit a law enforcement agency from investigating or charging a person for a violation of RSA 265-A. (c) Nothing in this chapter shall be construed as forbidding any police officer from taking into custody any minor who is found violating paragraph III or IV. (d) Any person under 21 years of age in possession of a

  • 2026 HB1486 reference · effective 2027-01-01

    any insured solely because a spouse, household member, or relative by marriage has had their license suspended or revoked, or has been convicted of driving while intoxicated under RSA 265-A. II. No insurer shall require an insured to obtain a higher level of coverage, file proof of financial responsibility, or purchase any rider, endorsement, or policy solely because of the license status or driving rec

  • 2026 HB186 reference

    r does not have lawful grounds for arrest for a different offense. (b) Nothing in this chapter shall be construed to prohibit a law enforcement agency from investigating or charging a person for a violation of RSA 265-A. (c) Nothing in this chapter shall be construed as forbidding any police officer from taking into custody any minor who is found violating paragraph II[,] or III[, or IV]. (d) Any person under 21 years of age

  • 2026 HB186-FN-A reference

    8-F:21 Driving; Minors; and Control of Property. I. Nothing in this chapter shall be construed to permit driving or operating under the influence of drugs or liquor pursuant to RSA 265-A, nor shall this section prevent the state from enacting and imposing penalties for driving under the influence of or while impaired by cannabis. II. Nothing in this chapter shall be construed to permit the transfer of

  • 2026 SB651 reference

    8-F:17 Driving; Minors; and Control of Property. I. Nothing in this chapter shall be construed to permit driving or operating under the influence of drugs or liquor pursuant to RSA 265-A, nor shall this section prevent the state from enacting and imposing penalties for driving under the influence of or while impaired by cannabis. II. Nothing in this chapter shall be construed to permit the transfer of

  • 2026 SB651 reference

    ge, if a nonresident, suspended for up to 60 days for a first offense and up to one year for a subsequent offense. IV. In this section, “way” shall have the same meaning as in RSA 265-A:44. V. A person may not be convicted of both a violation of this section and a violation of RSA 265-A:1 based on the same incident. 318-F:5 Odor and Personal Possession of Cannabis Not Grounds for a Search. I. Exc

  • 2026 SB651-FN-A reference

    8-F:17 Driving; Minors; and Control of Property. I. Nothing in this chapter shall be construed to permit driving or operating under the influence of drugs or liquor pursuant to RSA 265-A, nor shall this section prevent the state from enacting and imposing penalties for driving under the influence of or while impaired by cannabis. II. Nothing in this chapter shall be construed to permit the transfer of

  • 2026 SB651-FN-A reference

    ge, if a nonresident, suspended for up to 60 days for a first offense and up to one year for a subsequent offense. IV. In this section, “way” shall have the same meaning as in RSA 265-A:44. V. A person may not be convicted of both a violation of this section and a violation of RSA 265-A:1 based on the same incident. 318-F:5 Odor and Personal Possession of Cannabis Not Grounds for a Search. I. Exc

  • 2025 HB198 reference

    workplace or to affect the ability of employers to have policies restricting the use of cannabis by employees. (b) Be construed to permit driving or operating under the influence of drugs or liquor pursuant to RSA 265-A, nor prevent the state from enacting and imposing penalties for driving under the influence of or while impaired by cannabis. (c) Be construed to permit the transfer of cannabis, with or without remuneration,

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