Open Container
N.J.S.A. 39:4-51b — no open alcohol or unsealed cannabis for smoking, for any occupant
Every occupant. In New Jersey, no occupant of a motor vehicle on a public highway or its right of way may possess an open or unsealed alcoholic beverage container, or an unsealed cannabis item meant for smoking, vaping or aerosolizing. Passengers of a charter bus or limousine are excepted as to alcohol.
A container in the trunk, behind the last upright seat of a vehicle with no trunk, or in the living quarters of a motor home or house trailer does not count. Open means a broken original seal, or a container that is not the original, such as a cup, glass, box or bag.
A first offense is fined $200; a later one $250, or 10 days of community service.
Sources for this section (1)
- N.J.S.A. 39:4-51b — Open alcoholic beverage container or cannabis item in a motor vehicle
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.