Open-container law

An open-container law is a law which regulates or prohibits drinking alcohol in public by limiting the existence of open alcoholic beverage containers in certain areas, as well as the active consumption of alcohol in those areas. "Public places" in this context refers to openly public places such as sidewalks, parks and vehicles. It does not include nominally private spaces which are open to the public, such as bars, restaurants and stadiums.
An open-container law may also refer to the prohibition of drivers (and sometimes passengers) from having any open container of an alcoholic beverage inside their vehicle in areas that are readily accessible to vehicle occupants (this generally excludes the trunk).
The stated purpose of these laws is to restrict public intoxication, especially the dangerous act of operating a vehicle while intoxicated.
In the United States, open-container laws are U.S. state laws, rather than federal laws; thus they vary from state to state.
The majority of U.S. states and localities prohibit possessing or consuming an open container of alcohol in public places, such as on the street, while 24 states do not have statutes regarding the public consumption of alcohol. However, the definition of "public place" is not always clear. California is unique in that it does have a state law on the books that only prohibits possessing alcoholic beverage containers that have been opened (unless that container is in one's possession "for the purpose of recycling or other related activity") in public places owned by a city, county, or city and county, or any recreation and park district, regional park, or open-space district, but similar to states that have no law, the state law only applies to some or all of the aforementioned areas in which the "city, county, or city and county have enacted an ordinance".
The possession of cans, bottles or flasks or other vessels containing an alcoholic beverage could potentially result in a violation of open container laws.
To be “open”, in most cases, means that some of the contents have been removed, the seal is broken, the cap is off or the alcohol is otherwise readily accessible.
Some states that have legalized cannabis possession also prohibit open containers that contain cannabis in public places.
Open container restrictions are not always rigorously enforced, and open containers may in fact be legally permitted in nominally private events which are open to the public. This is especially true in downtown districts and during holidays and sporting events; see tailgate party.
There are public places in the United States where open containers are explicitly permitted:
To comply with the TEA-21 rules of the federal Department of Transportation, a state's motor vehicle open container laws must:
Currently, 39 states and the District of Columbia are in full compliance with federal government guidelines. However, passengers may either possess open containers or consume alcohol in Alaska, Arkansas, Connecticut, Delaware, Louisiana, Missouri, Rhode Island, Tennessee, Virginia and West Virginia. These states do not currently meet the necessary level of TEA-21 compliance.
In some states, the open container laws apply even if your vehicle is parked on a public road, street, highway, interstate or another publicly maintained thoroughfare. For example, in Texas a vehicle does not need to be in motion for the driver to be cited for an open container violation. Mississippi is currently the only state which does not expressly prohibit the possession of an open container while driving but many states allow passengers to have an open container.
Penalties for open container violations vary from state to state but include fines, possible jail time, license demerit points and community service.
Cannabis Open Container Laws
In U.S. states that have legalized cannabis possession, open container laws typically extend to cannabis. This currently includes 11 states, including California, Illinois, Colorado and Massachusetts. In these states, a container of marijuana cannot be opened and readily accessible to the driver of a vehicle.