Open-container law

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An open-container law regulates or bans drinking alcohol in public by restricting open alcohol containers in certain areas and often the act of drinking in those areas. Public places typically include sidewalks, parks, and vehicles. Private spaces that are open to the public, such as bars, restaurants, and stadiums, are usually not considered public for these laws.

Open-container laws often prohibit drivers (and sometimes passengers) from having any open alcohol container inside a vehicle that is readily accessible to occupants (usually excluding the trunk). The goal is to reduce public intoxication and especially drunk driving.

In the United States, these laws are at the state level and can vary widely. Most states and localities prohibit possessing or drinking from open containers in public, but about 24 states do not have laws on public consumption. The meaning of “public place” isn’t always clear.

California has a state rule that only bans possessing opened alcohol containers in public areas owned by a city, county, or certain districts when a local ordinance exists. The rule is more limited than in many other states, and it may apply only in areas where local governments have enacted laws. In general, simply having an open container could be a violation, depending on local rules.

“Open” usually means the contents are accessible: the seal is broken, the cap is off, or the liquid is otherwise readily usable.

Some states that allow cannabis also ban open containers that contain cannabis in public.

Open-container rules aren’t always strictly enforced, and open containers may be allowed at private events that are open to the public, especially in busy downtown areas, during holidays, or at sporting events (tailgate settings).

Some places explicitly permit open containers in certain situations, though this depends on state law and local rules. To follow federal TEA-21 guidelines, most states (39 states and the District of Columbia) comply with in-vehicle alcohol rules. A few states still do not meet TEA-21 requirements and may allow open containers in vehicles for passengers or have other exceptions. In Texas, a driver can be cited for an open container even if the vehicle is parked. Mississippi is the only state that does not explicitly prohibit open containers while driving, but many states do allow passengers to have them.

Penalties for open-container violations vary and can include fines, jail time, license points, and community service.

Cannabis Open-Container Laws
In states that have legalized cannabis, open-container rules usually apply to cannabis as well. Eleven states, including California, Illinois, Colorado, and Massachusetts, prohibit opening a cannabis container or having it readily accessible to the driver in a vehicle.