Oklahoma Statutes

Okla. Stat. tit. 21, § 1220 (2026)

Transporting alcoholic beverage or low-point beer —

✓ current as of July 2026

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Consuming or inhaling marijuana or secondhand smoke — Special assessment — Exceptions — Penalty. A. 1. It shall be unlawful for any operator to knowingly transport or for any passenger to possess in any moving vehicle upon a public highway, street, or alley any alcoholic beverage or low- point beer, as defined in Section 1-103 of Title 37A of the Oklahoma Statutes, except in the original container which shall not have been opened and from which the original cap or seal shall not have been removed, unless the opened container is in the rear trunk or rear compartment, which shall include the spare tire compartment in a station wagon or panel truck, or any outside compartment which is not accessible to the driver or any other person in the vehicle while it is in motion. 2. It shall be unlawful to consume marijuana or inhale secondhand marijuana smoke due to another person’s consumption of

marijuana while operating a motor vehicle on a public highway, street, or alley. A person operating a motor vehicle on a public highway, street, or alley shall not possess any open container that contains marijuana in the passenger area of the motor vehicle. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as provided in subsection A of Section 6-125 of Title 37A of the Oklahoma Statutes. B. Any person convicted of violating any provision of subsection A of this section shall, in addition to any fine imposed, pay a special assessment trauma-care fee of Two Hundred Fifty Dollars ($250.00) to be deposited into the Trauma Care Assistance Revolving Fund created in Section 1-2530.9 of Title 63 of the Oklahoma Statutes. C. The provisions of paragraph 1 of subsection A of this section shall not apply to the passenger area of buses and limousines; however, it shall be unlawful for the driver of the bus or limousine to consume or have in the driver’s immediate possession any intoxicating beverage or low-point beer. D. No city, town, or county may adopt any order, ordinance, rule, or regulation concerning the consumption or serving of intoxicating beverages or low-point beer in buses or limousines. E. As used in this section: 1. “Bus” means a vehicle as defined in Section 1-105 of Title 47 of the Oklahoma Statutes chartered for transportation of persons for hire. It shall not mean a school bus, as defined by Section 1- 160 of Title 47 of the Oklahoma Statutes, transporting children or a vehicle operated pursuant to a franchise with a city or town operating over a regularly scheduled route; and 2. “Limousine” means a chauffeur-driven motor vehicle, other than a bus or taxicab, as defined by Section 1-174 of Title 47 of the Oklahoma Statutes, designed and used for transportation of persons for compensation. Added by Laws 1970, c. 290, § 1. Amended by Laws 1990, c. 209, § 1, emerg. eff. May 14, 1990; Laws 1995, c. 274, § 7, eff. Nov. 1, 1995; Laws 2003, c. 30, § 1, emerg. eff. April 7, 2003; Laws 2004, c. 386, § 1, emerg. eff. June 3, 2004; Laws 2005, c. 291, § 1, eff. Nov. 1, 2005; Laws 2006, c. 16, § 1, emerg. eff. March 29, 2006; Laws 2025, c. 210, § 1, eff. Nov. 1, 2025. NOTE: Laws 2005, c. 190, § 1 repealed by Laws 2006, c. 16, § 2, emerg. eff. March 29, 2006.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1985–2023 · leading case: United States v. Harold W. Sain, 795 F.2d 888 (10th Cir. 1986).

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United States v. Harold W. Sain, 795 F.2d 888 (10th Cir. 1986). · cites it 4× “47, § 761 (1981), and of transporting a nonintoxicating beverage in an opened container in violation of Okla.Stat. tit. 21, § 1220 (1981), 618 F.”

Boyle v. Asap Energy, Inc., 2017 OK 82 (Okla. 2017). “"); 21 O.S.2011 § 1220(A) (virtually the same).”

United States v. Sain, 618 F. Supp. 270 (W.D. Okla. 1985). · cites it 5× “§§ 7 and 13, and *271 Okla.Stat. tit. 21 § 1220 (1981), with one count of transporting an open container.”

State v. Tolle, 945 P.2d 503 (Okla. Crim. App. 1997). “In Sain a serviceman was convicted of Transporting a Non-intoxicating Beverage in an Opened Container (21 O.S.1981, § 1220) in federal district court.”

State Ex Rel. Oklahoma Bar Ass'n v. Bennett, 2017 OK 46 (Okla. 2017). · cites it 4× “2011, §6-303(B); 4) Transporting an Open Container in violation of 21 O.S.2011, § 1220; and 5) Failure to Carry Insurance Verification in violation of 47 O.”

State Ex Rel. Oklahoma Bar Ass'n v. Mcmillen, 2016 OK 122 (Okla. 2016). · cites it 3× “2012, § 11-902(D); 2) a plea of no contest to one count of Transporting an Open Container of an Intoxicating Beverage, a misdemeanor in violation of 21 O.S.2011, § 1220(A); and 3) a plea of no contest to one count of Operating a Vehicle while Drivers' License is Suspended, a…”

State v. Vincent, 2016 OK CR 7 (Okla. Crim. App. 2016). · cites it 2× “The State appealed the ruling to the District Court. Following a hearing August 6, 2015, the Honorable Darrell G.”

Boyle v. Asap Energy, Inc., 2017 OK 82 (Okla. 2017). · cites it 2× “"); 21 O.S.2011 § 1220(A) (virtually the same).”

Nakia Durham v. Commonwealth of Virginia (Va. Ct. App. 2023). “62 ; Okla. Stat. Ann. tit. 21, § 1220 ; Or. Rev.”

— Okla. Stat. tit. 21, § 1220(A) — 3 cases

Boyle v. Asap Energy, Inc., 2017 OK 82 (Okla. 2017). “"); 21 O.S.2011 § 1220(A) (virtually the same).”

State Ex Rel. Oklahoma Bar Ass'n v. Mcmillen, 2016 OK 122 (Okla. 2016). “2012, § 11-902(D); 2) a plea of no contest to one count of Transporting an Open Container of an Intoxicating Beverage, a misdemeanor in violation of 21 O.S.2011, § 1220(A); and 3) a plea of no contest to one count of Operating a Vehicle while Drivers' License is Suspended, a…”

Boyle v. Asap Energy, Inc., 2017 OK 82 (Okla. 2017). “"); 21 O.S.2011 § 1220(A) (virtually the same).”

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