Open Alcohol or Cannabis in Your Car in Ontario: Fines and Defences
Ticketed for open liquor or cannabis in a vehicle in Ontario? Set fines, demerit points, passenger rules, boats, police search powers and defences explained.
Frequently Asked Questions
Can I have alcohol in my car in Ontario if it is unopened?
Yes. Under s. 42 of the Liquor Licence and Control Act, 2019, liquor may be in the vehicle if the container is unopened with the seal unbroken, or if it is packed in baggage that is fastened closed or not readily available to anyone in the vehicle, such as in the trunk. A re-corked or re-capped bottle counts as open.
How much is the ticket for open alcohol or cannabis in a car in Ontario?
The set fine is $175 for driving with an open or unsealed container of liquor and $150 for liquor in open baggage or readily available. Cannabis in a vehicle or boat, whether in open packaging, in open baggage or readily available, carries a $175 set fine. A victim fine surcharge and court costs are added on top.
Do I get demerit points for open liquor or cannabis in my vehicle?
No. These are offences under the Liquor Licence and Control Act, 2019 and the Cannabis Control Act, 2017, not the Highway Traffic Act, and they do not carry demerit points. However, if you are convicted and do not pay the fine, your driver’s licence can be suspended until it is paid.
Can a passenger be charged for an open drink in the car?
The open-container offence in s. 42 applies to the driver or the person in care or control. A passenger with an open drink can be charged under s. 41(1) of the Liquor Licence and Control Act, 2019 for having liquor somewhere other than a permitted place, which has a $100 set fine. Passengers under 19 face separate charges.
Can police search my car for alcohol or cannabis without a warrant?
Yes, if they have the grounds the law requires. An officer who reasonably believes liquor is unlawfully kept in a vehicle, or who has reasonable grounds to believe cannabis is there in breach of s. 12, may search the vehicle and the people in it without a warrant. If those grounds were missing, the search and the evidence may be challenged.
Contact Legal Assist
Legal Assist Paralegal Services — Licensed by the Law Society of Ontario. Serving London, Ontario and Southwestern Ontario. Call 226-272-5153 or email general@legalassist.london for a free consultation.