Oklahoma § 21-1220 - Transporting alcoholic beverage or low-point beer —

§ 21-1220. Transporting alcoholic beverage or low-point beer —

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 lowpoint 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

Oklahoma Statutes - Title 21. Crimes and Punishments

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 1160 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.