Where Can an Open Bottle or Cannabis Go in Your Car?

What the law says

Three sections of the Vehicle Code split the rule by who is responsible:

Section 23225 spells out what happens without a trunk: the container must go in an area "not normally occupied by the driver or passengers," and a utility or glove compartment is "deemed to be within the area occupied by the driver and passengers." For an off-highway vehicle without a trunk, a locked container is required.

The cannabis rule in section 23222(b) is an infraction "punishable by a fine of not more than one hundred dollars ($100)." It does not apply when the opened product or loose flower is in the trunk, or to a qualified patient carrying a current identification card or physician's recommendation with the product in a sealed, resealed or closed container.

What it means in practice

"Opened" is broader than people expect. A recorked wine bottle from dinner, a resealed bag of edibles, a flask with a sip gone: each has been opened or had contents removed. A sealed six-pack on the back seat is fine; the same six-pack with one can missing, sitting where passengers ride, is not.

• Passengers are covered. Section 23223(b) applies to them personally, so a passenger holding an open can is cited, not just the driver.
• Location means highways and similar lands. The sections apply on a highway or on certain other lands listed in section 23220.
• Motorhomes and campers have an exception. Section 23225 does not apply to the living quarters of a housecar or camper. The DMV handbook also notes the rule does not apply to passengers in a bus, taxi, camper or motorhome.

Drivers under 21 face a stricter rule. The DMV handbook says a driver under 21 may not carry any alcoholic beverage in the vehicle unless someone 21 or older is present, and the container must be full, sealed and unopened, or kept in the trunk if opened. The handbook adds that a vehicle can be impounded for up to 30 days, and the court may fine the driver and suspend the license for one year, or delay a first license by up to a year.

None of these sections is a DUI charge. But an open container found during a stop is evidence an officer will note, and a DUI investigation is a different matter with far larger insurance consequences.

What to do

1. Put any opened bottle, can or cannabis package in the trunk before you start driving.
2. No trunk? Use a space no one sits in, such as the cargo area behind the last row, and never the glove box or center console.
3. Bring a sealed bag for restaurant wine you are taking home, and put it in the trunk.
4. Tell passengers the rule before the trip; the citation is theirs too.
5. Do not drink or use cannabis in the vehicle at all; the DMV handbook says it is illegal for drivers and passengers.

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