Massachusetts
Massachusetts Open Container Law (2026): Statute and Fine
Independently fact-checked against primary sources (last audited September 17, 2026). · 2 primary sources cited on this page. How we verify our legal content
Massachusetts bans possessing an open alcoholic beverage container in the passenger area of a motor vehicle upon any way or in any place to which the public has a right of access, or to which members of the public have access as invitees or licensees, and it goes further for the driver specifically, who may not possess one under any circumstances, under Mass. Gen. Laws ch. 90, § 24I. As of September 2026, that citation was confirmed against Massachusetts's own official code site.
Jurisdiction scope: This article addresses Massachusetts's state open container law, covering driver and passenger possession, under Mass. Gen. Laws ch. 90, § 24I. It does not address DUI charges. For Massachusetts's separate DUI penalties, see Massachusetts DUI laws.
What Massachusetts's Open Container Law Prohibits
Massachusetts's statute bans any occupant, driver or passenger, from possessing an open alcoholic beverage container in the passenger area of a motor vehicle upon any way or in any place to which the public has a right of access, or to which members of the public have access as invitees or licensees. But the driver faces a stricter, separate bar: a driver may not possess an open container under any circumstances, a restriction written broadly enough that it reaches even the living quarters of a house coach or trailer, an area where a passenger is otherwise exempt. The statute defines "open container" by reference to the bottle itself already being unsealed, having a broken seal, or having contents that are partially removed, so consumption is addressed through that definition rather than through a separate standalone drinking prohibition.
What Counts as the "Passenger Area"
The passenger area includes the glove compartment, which puts Massachusetts on the stricter end of states in this dataset for that specific point. It excludes the trunk, a locked glove compartment, in a vehicle with no trunk, the area behind the last upright seat, and any other area not normally occupied by the driver or passenger.
Exemptions
The statute carves out three situations:
- A passenger, but not the driver, riding in a vehicle designed, maintained, and used for the transportation of persons for compensation.
- The living quarters of a house coach or trailer, though the driver's stricter, absolute possession bar still applies even there.
- A bottle resealed under Mass. Gen. Laws ch. 138, § 12, the state's "doggy bag" wine provision, which is excluded from the statutory definition of "open container." Such a bottle may still not be transported in the passenger area.
Penalty
A violation of Section 24I carries a fine of $100 to $500. Because the maximum penalty does not provide for imprisonment, the offense is a "civil motor vehicle infraction" as defined in Mass. Gen. Laws ch. 90C, § 1, which covers automobile law violations whose maximum penalty does not provide for imprisonment. That definition excludes any automobile law violation committed by a juvenile who does not hold a valid operator's license.
Federal Compliance
Federal law, 23 U.S.C. § 154, conditions a share of a state's highway funding on having an open container law that bans both possession and consumption, covers the whole passenger area, reaches every occupant, and is primarily enforced. States that fall short have 2.5 percent of certain federal highway apportionments reserved and redirected to highway safety programs, under FHWA's annual apportionment notice. Massachusetts is not on FHWA's list of non-conforming states for fiscal year 2026 (FHWA Notice N4510.905, dated October 1, 2025).
For how this rule compares with every other state, see the open container laws by state comparison.
Disclaimer: This article provides general legal information about open container laws in the United States as of September 2026. It is not legal advice. Open container statutes, exemptions, and penalties change; verify the current text of your state's law before relying on it, and consult a lawyer licensed in your state for advice about a specific situation.
Statutes cited reflect their in-force version as of 2026-09-16. Last updated: 2026-09-16.
Frequently Asked Questions
Can the glove compartment be used for an open container in Massachusetts?
No. Massachusetts's definition of the banned passenger area specifically includes an unlocked glove compartment. A locked glove compartment, however, is excluded from the passenger area under Mass. Gen. Laws ch. 90, Section 24I. That ban applies upon any way or in any place to which the public has a right of access, or to which members of the public have access as invitees or licensees, not on wholly private property with no public access.
Is the rule stricter for the driver than for passengers in Massachusetts?
Yes. While passengers are barred from possessing an open container only in the passenger area, and only upon a way or in a place to which the public has a right of access or access as invitees or licensees, the driver may not possess one under any circumstances, a restriction that reaches even the living quarters of a house coach or trailer.
What is the fine for an open container violation in Massachusetts?
A violation of Mass. Gen. Laws ch. 90, Section 24I carries a fine of $100 to $500.
Can I bring home a resealed bottle of wine in the car in Massachusetts?
A bottle resealed under the state's ch. 138, Section 12 'doggy bag' wine law is excluded from the statutory definition of an open container, but it still may not be transported in the passenger area.
Updates
Clarified that a Massachusetts open container violation, which carries a fine only, is a civil motor vehicle infraction under Mass. Gen. Laws ch. 90C, § 1.
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Massachusetts General Laws, Chapter 90
§ 24IPossession of alcoholic beverages in motor vehiclesIn force
Section 24I. (a) As used in this section, the following words shall have the following meanings: ''Open container,'' a bottle, can or other receptacle used to contain a liquid that has been opened or has a broken seal or the contents of which have been partially removed or consumed; provided, however, that a bottle resealed pursuant to section 12 of chapter 138 shall not be considered an open container; provided further, that a resealed bottle shall not be transported in the passenger area. ''Passenger area,'' the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in a seated position including, but not limited to, the glove compartment; provided, however, that the passenger area shall not include a motor vehicle's trunk or a locked glove compartment or, if a motor vehicle is not equipped with a trunk, the area behind the last upright seat or an area not normally occupied by the driver or passenger.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at malegislature.gov
Massachusetts General Laws, Chapter 138
§ 12Licenses authorizing sale of beverages to be drunk on premises; veterans' organizations, corporations, etc.; suspension or revocation; hours of sale; liqueurs and cordials; liquor legal liability insurance requirementIn force
Section 12. A common victualler duly licensed under chapter one hundred and forty to conduct a restaurant, an innholder duly licensed under said chapter to conduct a hotel, a pub brewer, a continuing care retirement community and a keeper of a tavern as defined by this chapter, in any city or town wherein the granting of licenses under this section to sell all alcoholic beverages or only wines and malt beverages, as the case may be, is authorized by this chapter, subject however, in the case of a tavern, to the provisions of section eleven A, may be licensed by the local licensing authorities, subject to the prior approval of the commission, to sell to travelers, strangers and other patrons and customers not under twenty-one years of age, such beverages to be served and drunk, in case of a hotel or restaurant or continuing care retirement community licensee, only in the dining room or dining rooms and in such other public rooms or areas of a hotel as the local licensing authorities may deem reasonable and proper, and approve in writing; and provided further, that the limitations relative to service and consumption in a restaurant or hotel or continuing care retirement community…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at malegislature.gov
Cited in 53 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Casa Loma, Inc. v. Alcoholic Beverages Control Commission (Massachusetts Supreme Judicial Court 1979, 377 Mass. 231)“…rizes appeals. The first sentence of the sixth paragraph of G. L. c. 138, § 12, as amended through St. 1973, c. 477, w…”
- Cabaret Enterprises, Inc. v. Alcoholic Beverages Control Commission (Massachusetts Supreme Judicial Court 1984, 393 Mass. 13)“…a municipality, prohibits nudity on premises licensed under G.L.c. 138, § 12, and provides for enforcement by the Al…”
- Springfield Hotel Ass'n v. Alcoholic Beverages Control Commission (Massachusetts Supreme Judicial Court 1959, 338 Mass. 699)“…on its premises in Springfield. See G. L. c. 140, §§ 4, 6; G. L. c. 138, § 12. On that day Court Square petitioned th…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 23
§ 154Open container requirementsIn forcecited in 46 of our articles
In this section, the following definitions apply: The term “alcoholic beverage” has the meaning given the term in section 158(c). The term “motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated exclusively on a rail or rails. The term “open alcoholic beverage container” means any bottle, can, or other receptacle— that contains any amount of alcoholic beverage; and that is open or has a broken seal; or the contents of which are partially removed. The term “passenger area” shall have the meaning given the term by the Secretary by regulation. For the purposes of this section, each State shall have in effect a law that prohibits the possession of any open alcoholic beverage container, or the consumption of any alcoholic beverage, in the passenger area of any motor vehicle (including possession or consumption by the driver of the vehicle) located on a public highway, or the right-of-way of a public highway, in the State.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 20 court opinions in our collectionLatest citing opinion in our collection: 2004
Opinions citing this section in our collection:
- Foremost Insurance v. Richardson (Supreme Court of the United States 1982, 457 U.S. 668)“…er traffic, just as it has done for some land traffic. See 23 U. S. C. § 154 (55 m.p.h. speed limit). Yet no one su…”
- United States v. Kevin Bishop, United States of America v. Edward Stokes (Court of Appeals for the Third Circuit 1995, 66 F.3d 569)“…nder the Spending Clause, not the Commerce Clause. See 23 U.S.C. § 154 (Supp.1995) (conditioning receipt of f…”
- Mrs. Lizzie Beatrice Easterwood v. Csx Transportation, Inc. (Court of Appeals for the Eleventh Circuit 1991, 933 F.2d 1548)“…ce with the national highway speed limit. See 23 U.S.C.A. § 154 (1990). Easterwood argues that an auto…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Open Container Laws by State (2026): Passengers, Exemptions, Penalties, Maine Open Container Law (2026): Statute and Exemptions, Alabama Open Container Law (2026): The $25 Fine and No-Points Rule
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Mass. Gen. Laws ch. 90, § 24I - Open containers of alcoholic beverages in motor vehicles(malegislature.gov).gov
- 23 U.S.C. § 154(a) - Open container requirements(law.cornell.edu)
- FHWA Notice N4510.905 - FY2026 Apportionment of Federal-Aid Highway Program Funds (open container non-conforming states list)(highways.dot.gov).gov
- Mass. Gen. Laws ch. 90C, § 1 - Definitions (civil motor vehicle infraction)(malegislature.gov)