What are the open container laws in Massachusetts?

Massachusetts decriminalized vehicle open containers in 2000 (St. 2000, c. 119) — it is now a civil motor vehicle infraction rather than a criminal offense.

1. Statutory Rule — MGL ch. 90 § 24I

No person shall possess an open container of alcoholic beverage in the passenger area of any motor vehicle upon any way or in any place to which members of the public have access as invitees or licensees.

2. Penalty

Civil motor vehicle infraction — fine $100 to $500.

No criminal record entry.

No automatic license points, but conviction is on the driver record kept by the RMV.

3. Definitions

"Open container" = bottle, can, or other receptacle which has been opened, has a broken seal, or whose contents have been partially removed.

"Passenger area" = area designed to seat the driver and passengers, plus any unlocked storage area readily accessible to seated occupants. Excludes trunk or area behind the last upright seat in vehicles without a trunk.

4. Exemptions

Sealed container in the trunk or behind rearmost upright seat.

Living quarters of a motorhome.

Passenger in a bus, taxicab, limousine, or other vehicle for hire.

5. Driver and Passenger Both Liable

Each person in possession can be cited.

6. Public Consumption

Massachusetts has no statewide public drinking statute; municipalities regulate.

Boston (city code 16-12.16), Cambridge, and most cities prohibit consumption in public spaces with fines $50–$300.

Cape Cod, Nantucket, Martha's Vineyard beach towns have aggressive bans during summer season.

7. Special Local Licenses

Boston's First Night, Beverly Strawberry Festival, and certain Worcester Common events authorize open carriage in designated areas through one-time-event ABCC permits.

8. Tailgating

Tailgating at Gillette Stadium parking lots is permitted under team policy on game days, but open containers in vehicles on public roads to/from the stadium remain ch. 90 § 24I violations.

This is legal information, not legal advice.