CRIMINAL LAW:  Marijuana Weed Crumbs on Floor Do Not Violate California’s “Open Container” Law, or Support Probable Cause

Trish Sifka—Senior Attorney 

     When California voters approved 2016 Proposition 64 legalizing the possession and transportation of recreational marijuana under 28.5 grams by individuals 21 years or older, the voters preserved certain limitations. The legislation was subject to Health and Safety Code §§ 11362.2, 11362.3, 11362.4 and 11362.45. Health and Safety Code § 11362.3(a)(4) makes it unlawful to “[p]ossess an open container or open package of cannabis or cannabis products while driving, operating, or riding in the passenger seat or compartment of a motor vehicle.” Voters included cannabis in this law to curtail marijuana-impaired driving. Cal. Health & Safety Code § 1136.3(a)(4).

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