(1) As used in this section, unless the context otherwise requires:
(a) “Marijuana” means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marihuana concentrate. “Marijuana” does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
(b) “Motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways but does not include a vehicle operated exclusively on a rail or rails.
(c) “Open marijuana container” means a receptacle or marijuana accessory that contains any amount of marijuana and:
(I) That is open or has a broken seal;
(II) The contents of which are partially removed; and
(III) There is evidence that marijuana has been consumed within the motor vehicle.
(d) “Passenger area” means the area designed to seat the driver and passengers, including seating behind the driver, while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in his or her seating position, including but not limited to the glove compartment.
(2) Except as otherwise permitted in paragraph (b) of this subsection (2):
(a) A person while in the passenger area of a motor vehicle that is on a public highway of this state or the right-of-way of a public highway of this state may not
(I) Use or consume marijuana
(II) Have in his or her possession an open marijuana container.
(b) The provisions of this subsection (2) shall n
(I) Passengers, other than the driver or a front seat passenger, located in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation
(II) The possession by a passenger, other than the driver or a front seat passenger, of an open marijuana container in the living quarters of a house coach, house trailer, motor home, or trail
(III) The possession of an open marijuana container in the area behind the last upright seat of a motor vehicle that is not equipped with a trunk; o
(IV) The possession of an open marijuana container in an area not normally occupied by the driver or a passenger in a motor vehicle that is not equipped with a trunk.
(c) A person who violates the provisions of this subsection (2) commits a class A traffic infraction and shall be punished by a fine of $50 and a surcharge of $7.80.
(3) Nothing in this section shall be construed to pre-empt or limit the authority of any statutory or home rule town, city, or city and county to adopt ordinances that are no less restrictive than the provisions of this section.