A convertible car hire driving on a scenic coastal road in sunny California

California car hire: Open alcohol or cannabis in the car—how do you transport it legally?

California car hire guide to transporting alcohol and cannabis legally, including storage rules, part-used items, and...

8 min de lecture

Quick Summary:

  • Keep opened alcohol sealed and stored in the boot, not cabin.
  • Carry cannabis in the original sealed packaging, out of driver reach.
  • If packaging is opened, lock it in the boot or rear cargo area.
  • Never consume while driving, and keep receipts to show lawful purchase.

Driving a car hire in California is straightforward until you leave a winery, dispensary, brewery, or beach picnic with something part-used. The rules are strict because they are designed to prevent drinking or consuming cannabis while driving, and to limit access for the driver and passengers. This guide focuses on practical storage, what to do with opened items, and how to reduce hassle if you are stopped.

Two big ideas apply across the state. First, do not let the driver have access to open containers of alcohol or any cannabis. Second, store items in a place that is clearly not the passenger area, ideally the boot (trunk). If you are using an SUV or hatchback with no separate boot, you can still use the rear cargo area, but you should make it as inaccessible as possible, for example inside a closed bag or locked case behind the last row of seats.

If you are collecting your vehicle at a major hub such as car hire airport Los Angeles LAX, plan your storage before you set off. Most roadside issues happen when people are flustered, put items on the seat “for a minute”, then forget they are there.

Alcohol in a California car hire, what counts as “open”

California’s open container rules generally prohibit possessing an open container of alcohol in the passenger area of a motor vehicle on a public road. “Open” is broader than “uncapped”. If the seal is broken, or some has been consumed, treat it as open. That includes a half-finished bottle of wine with the cork pushed back in, a spirit bottle that has been opened, or a can with a pull tab lifted.

Practical rule, if it has ever been opened, keep it out of the cabin. The safest method in a car hire is: place it upright, re-seal it as best you can, put it in a leak-resistant bag, then store it in the boot. If you do not have a boot, put it in the rearmost cargo area, behind passengers, ideally in a closed container that is not easily reachable while seated.

Passengers also need to follow this. Even if the driver is sober, an open container in the passenger area can still create legal trouble. Avoid arguments at the roadside by making the car “clean”, nothing open in cupholders, door pockets, seat-back pockets, or centre console.

Sealed vs opened alcohol, simple storage rules that work

Sealed alcohol: A factory-sealed bottle or can can be transported in the cabin, but in a car hire it is still wiser to keep it in the boot with luggage. If you are stopped, you remove ambiguity, and you also reduce the risk of theft when you park.

Opened alcohol: Put it in the boot. If you are leaving a restaurant with part-used wine, ask for it to be re-corked securely and placed in a bag. Some venues will use a tamper-evident bag, which is helpful, but you should still store it in the boot because the key issue is access in the passenger area.

Part-used beer or cocktails: Do not carry them in the cabin. If you have an open cup from an event, finish it legally before driving or dispose of it. An open cup, even if it “looks empty”, creates an avoidable conversation if you are pulled over.

Minimising spillage: Spilled alcohol can make a hire car smell like booze, which is the last thing you want during a traffic stop. Use a sealed bag, keep bottles upright, and avoid leaving anything rolling around in the boot.

Cannabis in California, legal to buy does not mean legal to use in the car

In California, adults 21+ can buy cannabis from licensed retailers, but you cannot consume it in a vehicle. For transport, treat cannabis like alcohol with extra caution. The safest approach is to keep it sealed, keep it out of reach, and keep it away from the passenger area where possible.

Sealed cannabis products: Keep them in original, unopened packaging with the label intact, then place them in the boot. This includes flower, pre-rolls, vape cartridges, and edibles. Even though sealed items are less risky, storing them away from the cabin helps demonstrate you are not using them while driving.

Opened cannabis products: If the package has been opened, treat it like an open container. Put it in the boot or rear cargo area, preferably in a closed bag or case. The goal is clear separation from the driver and passengers.

Vapes and cartridges: A cannabis vape in the centre console can look like you were using it recently. Keep devices and cartridges in the boot. Also note that vaping while driving can attract attention even if it is nicotine, so do not create confusion.

Odour matters: Smell is a common reason for extended roadside questioning. Avoid opening packaging in the car, and do not leave loose flower in the cabin. If you have a strong odour, airing out the vehicle before driving can reduce attention.

Travelling through Northern California after picking up a vehicle via car hire San Jose SJC is common for wine country and coastal routes. Keep your transport routine consistent: purchases go straight into the boot and stay there until you reach your accommodation.

Where to store items in different vehicle types

Saloon with a boot: Put alcohol and cannabis in the boot, under other luggage if possible, so it is not accessible during a stop.

Hatchback: Use the rear cargo area. If there is a parcel shelf, keep it closed. Put items in a closed bag at the back so you would have to get out of the car to reach them.

SUV: Use the rearmost cargo section, not the second-row footwell. If you are driving a larger vehicle, such as one you might arrange through SUV rental San Jose SJC, consider keeping a small lockable box or soft cooler in the cargo area to keep everything contained and upright.

People carrier or vehicle with an open cabin: If there is no true “boot”, your aim is distance and inaccessibility. Put items at the very back, inside a closed container. If the vehicle has a lockable rear compartment, use it.

What to do with part-used items after a day out

Part-used wine from a restaurant: Make sure it is re-sealed, then keep it in the boot. Do not drink it in the car later, even when parked, because consumption in a vehicle can still create legal risk.

Opened beer in a cooler: Remove it and dispose of it. A cooler with opened cans can look like active drinking, even if everyone insists it was “earlier”. If you want to bring drinks for later, keep them sealed until you arrive.

Edibles with an opened packet: Reseal the packet fully and put it in the boot. Loose gummies in a bag in the cabin look like consumption during travel, so avoid that.

Leftovers and rubbish: Do not leave empty cans, bottles, or packaging in the cabin. “Trash” is often what officers notice first. Do a quick sweep before driving, especially if you are rotating drivers.

How to avoid roadside issues in a hire car

Keep documents easy to reach: Have your driving licence, hire agreement, and insurance details accessible. Do not rummage through bags containing alcohol or cannabis to find paperwork.

Do not create “probable cause” signals: Avoid the smell of cannabis or alcohol in the cabin. Do not keep grinders, rolling papers, open vapes, or bottle openers in door pockets or the centre console.

Stay calm and consistent: If asked, be honest about what you have and where it is stored. Being vague can escalate a simple stop.

Choose storage before you start the engine: Put purchases in the boot in the car park. Doing it at the kerb, or after driving off, increases the chance of an open item ending up in the cabin.

Don’t mix up responsibilities in a group: If passengers are handling bags, set a rule that no alcohol or cannabis comes into the cabin, even temporarily.

If your trip includes Southern California coastal drives, you might be using a provider option such as Hertz car rental San Diego SAN. Regardless of brand, the storage approach remains the same, keep everything sealed when possible, and keep opened items out of the passenger area.

Common misconceptions that cause trouble

“It’s in the back seat, so it’s fine.” The back seat is still the passenger area. Store open alcohol and any cannabis in the boot or rear cargo area.

“I’m parked, so I can consume.” Consuming alcohol or cannabis while in a vehicle can still create legal exposure, especially if keys are accessible and you are in a public place.

“I’m not the driver.” An open container in the passenger area can still be an issue. Keep the cabin clear.

“It’s legal here, so officers won’t care.” Officers care about impaired driving and accessible substances. Make it obvious you are transporting, not consuming.

Extra tips for wineries, dispensaries, and hotel stops

At wineries: If you buy bottles, keep them sealed. If you take away part-used wine, ask the venue to package it securely, then put it in the boot immediately.

At dispensaries: Keep the receipt and keep the products in original packaging. Avoid opening anything until you are at your accommodation.

At hotels: Take purchases inside promptly. Do not leave them visible in the car, and do not leave cannabis products in a hot vehicle because quality can degrade and odour can increase.

When swapping drivers: Do a fast check of cupholders, door pockets, and the centre console. Many roadside problems come from forgotten items rather than deliberate behaviour.

FAQ

Can I carry an opened bottle of wine in a California car hire? Yes, but not in the passenger area. Re-seal it, bag it, and store it in the boot or rearmost cargo area.

Can sealed alcohol be in the cabin while I drive? Typically, yes, if it is truly sealed. In practice, keeping it in the boot avoids misunderstandings and reduces theft risk.

How should I transport cannabis from a dispensary? Keep it in original packaging, ideally unopened, and store it in the boot or rear cargo area, away from the driver and passengers.

What if my hire car is an SUV with no separate boot? Put alcohol and cannabis in the rearmost cargo space, inside a closed bag or case, so it is not reachable while seated.

Do empty cans or cannabis packaging in the cabin matter? They can. Visible containers and odours invite questions, so clear rubbish and keep the cabin neutral and tidy.