Under Vermont’s open container law, no one in a vehicle on a public highway may drink alcohol or cannabis or hold an open container of either in the passenger area. The rule applies to the driver and every passenger. Violations are civil, not criminal, but a driver who is caught consuming faces up to a $500 fine and two points on their license, while a passenger with an open beer faces as little as $25.
What Counts as an Open Container, and Where
The prohibition is tied to the “passenger area,” which the statute defines as the space built to seat the driver and passengers while the vehicle is running, plus anywhere a seated occupant can readily reach. An unlocked glove compartment is inside that zone. A locked glove compartment is not.1Vermont General Assembly. Vermont Code 23 – Motor Vehicle Passenger; Consumption or Possession of Alcohol or Cannabis
A trunk sits outside the passenger area, so an open bottle in the trunk is fine. For SUVs, hatchbacks, and other vehicles without a separate trunk, the law carves out the area behind the last upright seat and any space not normally occupied by people in the vehicle.2Vermont General Assembly. Vermont Code 23 – Motor Vehicle Operator; Consumption or Possession of Alcohol or Cannabis A half-finished bottle of wine in the cargo area behind the back row is legal. The same bottle under the front seat is not.
A container counts as “open” once the seal is broken or any contents have been removed. Wrapping it in a bag or towel does not change that. Only the location matters.
Cannabis Is Covered the Same Way
The statutes name alcohol and cannabis side by side. An open container holding any amount of cannabis is treated the same as one holding beer or liquor for purposes of the passenger-area rule.2Vermont General Assembly. Vermont Code 23 – Motor Vehicle Operator; Consumption or Possession of Alcohol or Cannabis
The driver’s statute reaches further for cannabis than for alcohol. A driver can be cited for taking in secondhand cannabis smoke inside the vehicle when another occupant is smoking.3Vermont General Assembly. Vermont Code 23 V.S.A. 1134 – Motor Vehicle Operator; Consumption or Possession of Alcohol or Cannabis If you are transporting a legal cannabis product, keep it sealed and store it outside the passenger area.
Fines by Situation
Penalties depend on who you are in the vehicle and whether you were consuming or just holding the container.
For drivers:
- Consuming alcohol or cannabis while driving: civil penalty up to $500.2Vermont General Assembly. Vermont Code 23 – Motor Vehicle Operator; Consumption or Possession of Alcohol or Cannabis
- Possessing an open alcohol container: up to $25.
- Possessing an open cannabis container: up to $200.
A driver who is both drinking and holding gets charged only under the consumption provision. The statute does not allow stacking.
For passengers:
- Consuming or possessing open alcohol: up to $25.1Vermont General Assembly. Vermont Code 23 – Motor Vehicle Passenger; Consumption or Possession of Alcohol or Cannabis
- Consuming or possessing open cannabis: up to $200.
All of these are civil violations. There is no arrest and no criminal record attached to an open container citation on its own.
Points on the Driver’s License
A driver cited for possessing an open alcohol or cannabis container receives two points on their driving record. A passenger cited for the same conduct receives none.4Vermont Department of Motor Vehicles. Vermont Violation Codes
Two points stack with any other moving violations on the record and can affect insurance rates. Enough accumulated points within Vermont’s point window can lead to license suspension, so the $25 fine is not always the end of the cost.
Limos, Buses, and Motorhomes
Two narrow exemptions exist, and both apply only to passengers.
A passenger may possess an open alcohol container inside a vehicle designed, maintained, or used primarily to transport people for compensation. This covers limousines, chartered buses, and similar hired rides.1Vermont General Assembly. Vermont Code 23 – Motor Vehicle Passenger; Consumption or Possession of Alcohol or Cannabis
Occupants in the living quarters of a motorhome or trailer coach may possess open alcohol containers. The exemption attaches to the living space, not the cab. If you are riding up front in the driver’s compartment of a motorhome, you are not covered.
Two limits on these carve-outs are easy to miss. Neither one extends to the person driving: a limo, bus, or motorhome operator is bound by the same rules as any other driver. And both exemptions cover alcohol only. A passenger in a limousine with an open cannabis container is still in violation.
How to Transport a Partially Consumed Bottle
If you leave a restaurant with a corked bottle of wine or pick up an opened growler, move it out of the passenger area before you drive. Three places keep you clear of the statute:
- A closed trunk. The simplest option.
- The cargo area behind the last upright seat in a vehicle without a trunk, such as an SUV, hatchback, or pickup with a cap.
- A locked glove compartment, which the statute specifically excludes from the passenger area.
Putting the bottle in a bag or wrapping it does not help. Once the seal is broken, it is an open container no matter how it is packaged. What matters is where it rides.