Since California legalized recreational marijuana, understanding its legal complexities has become crucial. This understanding allows you, as a responsible driver, to proactively comply with the laws surrounding marijuana possession and driving.
Under Vehicle Code 23222(b) VC, California law treats open container laws for cannabis similarly to alcohol. This means it is illegal for a driver to operate a vehicle while holding an open container of marijuana. However, a driver is allowed to transport a sealed or closed container of marijuana.
As mentioned, Vehicle Code 23222(b) VC prohibits driving with an open container of marijuana in your vehicle. This includes any container, like a bag or bottle, that is unsealed or has a broken seal and contains marijuana buds, dried leaves, or other cannabis products.
This also includes containers that have been partially used, as well as marijuana not stored in any sealed container, such as a joint carried in someone's pocket. Under Vehicle Code Section 23222(b) VC, possessing marijuana while driving occurs when:
- A driver has an ounce or less of marijuana while operating a vehicle on a highway, and
- The driver is not legally permitted to possess the marijuana.
This law governs drivers on all public roads, such as freeways and highways, but excludes private roads.
What Does VC 23122(b) Say?
VC 23122(b) says, "(1) Except as authorized by law, a person who has in their possession on their person while driving a motor vehicle upon a highway…. a receptacle containing cannabis or cannabis products, as defined by Section 11018.1 of the Health and Safety Code, which has been opened or has a seal broken, or loose cannabis flower not in a container, is guilty of an infraction…."
(2) Paragraph (1) does not apply to a person who has a receptacle containing cannabis or cannabis products that have been opened, has a seal broken, or the contents of which have been partially removed, or to a person who has a loose cannabis flower not in a container, if the receptacle or loose cannabis flower not in a container is in the trunk of the vehicle.
(c) Subdivision (b) does not apply to a qualified patient with an identification card, as defined in Section 11362.7 of the Health and Safety Code, if (1) the person is carrying a current identification card or a physician's recommendation. (2) The cannabis or cannabis product is in a container or receptacle that is sealed, resealed, or closed."
A violation of this law, commonly called "possession of marijuana while driving," may result in a fine. Let's look into this law more closely below.
What exactly is meant by an open container?
The term "open container" in this code refers to any marijuana container that has been opened, has a broken seal, or contains marijuana that is partially removed. This includes any marijuana container that is easily accessible to the driver or any passenger while the vehicle is in motion. Examples of "open containers" might include:
- A bag of cannabis that was originally sealed at a dispensary but now has a broken seal.
- Open the cannabis edible package.
- A rolled joint stored in the shirt pocket of either the driver or a passenger.
- A bong containing marijuana.
What are the exceptions to the general rule?
VC 23222 permits two exceptions to the "open container" rule regarding marijuana in a vehicle:
- Container in the trunk: If the open marijuana container is kept in the trunk of a vehicle, or stored in a way that it is not easily accessible to the driver or passengers, then no violation has taken place. Essentially, the trunk is considered a "closed container."
- Authorized by law: VC 23222(b) exempts individuals "authorized by law" from possessing marijuana. According to VC 23222c, this includes those with a valid medical marijuana card, as long as the marijuana is stored in a sealed, re-sealed, or closed container (meaning it is not being actively used).
What Crimes Are Considered Related?
Several California laws address Vehicle Code 23222(b), which pertains to driving with an open container of marijuana, including the following:
- Vehicle Code 23222(a) VC - operating an open container while driving.
- Vehicle Code 23152(a) VC - driving under the influence (DUI).
- Vehicle Code 23152(f) VC - driving under the influence of drugs.
- Vehicle Code 23221 VC - consuming alcohol inside a vehicle.
- Vehicle Code 23224 VC - having alcohol in a vehicle when under 21.
- Health and Safety Code 11359(b) - selling marijuana to individuals under 18.
What are the penalties for VC 23222(b)?
Driving with an open marijuana container violates California law. The standard fine for open container violations is $100. However, additional charges and violations may occur if other laws are broken, such as:
- You are under 21 years old. Minors are not allowed to possess any amount of marijuana.
- Having more than one ounce of marijuana without a valid medical marijuana ID.
- You are operating a vehicle under the influence of marijuana, as outlined in VC 23152(f).
What are the possible defenses?
If you receive a ticket for violating the open container rule for marijuana, our California criminal defense lawyers might be able to challenge the infraction using some of the common defenses outlined below.
We might argue that marijuana was not readily accessible or open. If you can demonstrate that it was in a sealed, child-proof container or stored in the trunk, the charge could be dismissed.
We might argue that there was a lack of knowledge. You could claim you were unaware of the marijuana's presence—for instance, if you were driving someone else's vehicle or if a passenger was carrying marijuana without your knowledge.
One could argue that the vehicle was on private road or property. If it was not on a public roadway or land with an open container, VC 23222b does not apply.
We might argue that an unlawful search of a vehicle occurred. If marijuana were found during a search without probable cause, any evidence obtained could be excluded. Contact us to request a case review by phone or through our contact form. The Hedding Law Firm is located in Los Angeles, CA.
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