Open Bottle, Cannabis in a Vehicle, and Drug Paraphernalia in Minnesota

Open bottle law — alcohol (Minn. Stat. § 169A.35)

The open bottle law makes it a crime to drink alcohol in a motor vehicle on a street or highway, or to have an open container of alcohol in the passenger area of a vehicle on a street or highway. Key points:

• It applies to the passenger area — a sealed or unopened container, or one stored in the trunk (or behind the last seat in a vehicle without a trunk), is generally fine.
• It applies whether the vehicle is moving or parked on a street or highway.
• It is a misdemeanor, and it applies to passengers as well as drivers.

Cannabis in a vehicle — the “open package” law (Minn. Stat. § 169A.36)

With cannabis now legal to possess in Minnesota in limited amounts, the rules for having it in a vehicle mirror the alcohol open-bottle concept. Under § 169A.36, it is a crime to:

• Use cannabis (or related products) in a vehicle on a street or highway; or
• Possess cannabis in a private vehicle on a street or highway when it is in packaging that has been opened, has a broken seal, is partially removed, or doesn’t comply with the required packaging.

These are misdemeanors. As with alcohol, there are exceptions — for example, product kept in the trunk. The practical takeaway: legal-to-possess cannabis can still lead to a charge if it’s open or improperly packaged in the passenger area of a car.

Drug paraphernalia (Minn. Stat. § 152.092)

Minnesota changed its approach to paraphernalia. Possession of drug paraphernalia is now a petty misdemeanor — which is not a crime in Minnesota and carries only a small fine, not jail. (Possession of a small amount of marijuana paraphernalia had already been reduced, and broader paraphernalia possession was decriminalized as part of drug-policy reforms.) That said, manufacturing, selling, or delivering paraphernalia can still be charged more seriously, and paraphernalia found in a stop can lead to other charges (like a controlled-substance offense) or be used as evidence.

Why these charges still matter

Even though these are minor offenses, they matter for a few reasons: they often accompany a DWI or a more serious charge, where they can affect the overall picture; an open-container or cannabis-in-vehicle charge can be evidence the State uses to argue impairment; and any conviction adds to a record. They’re also frequently the kind of add-on charge that can be negotiated away as part of resolving the main case.

Defenses

• Location of the container/product. Whether it was actually in the passenger area versus the trunk or a permitted location.
• Possession. Whether the item was actually yours or in your control, especially with multiple people in the vehicle.
• Packaging compliance (for cannabis) — whether the packaging actually violated the statute.
• Challenging the stop or search. If the stop or search was unlawful, the evidence may be suppressed.
• Charge level (paraphernalia). Whether conduct charged as distribution is really just possession, which is only a petty offense.

Related: Minnesota cannabis law and criminal defense.