California Vehicle Code 23222(b) prohibits drivers and passengers from possessing an open container or package of marijuana or other cannabis products in a vehicle on a public highway. It bans cannabis consumption and applies to everyone in the vehicle.
The law specifies that while driving, a person must not possess, consume, or have in the vehicle any opened cannabis package or receptacle with a broken seal. This regulation is similar to California's open container law for alcohol.
To transport marijuana legally, it must be in an unopened container. If the container is open, it must be stored in the trunk or another area that is not easily accessible to the driver or passengers.
It's important to differentiate between possessing an open marijuana container (VC 23122(b)) and driving under the influence of marijuana (VC 23152(e)). The former refers to the physical presence of marijuana in a vehicle, while the latter involves the impairment of driving ability due to marijuana consumption.
Key Takeaways
- With the legalization of recreational marijuana in California, it's crucial to grasp the legal intricacies of its use, especially when and how it's permissible to possess it, including while driving. This understanding empowers you to navigate the law with confidence.
- Vehicle Code 23222(b) VC effectively extends the 'open container' rule to cannabis possession, a concept familiar to many through alcohol laws. This similarity helps to make the law easier to understand.
- In simple terms, this law makes it illegal for a driver to operate a vehicle while in possession of an open container of marijuana. However, under California law, drivers may carry a closed or sealed container of marijuana.
What Does VC 23222(b) Say?
VC 23122(b) says, "(b)(1) Except as authorized by law, a person who has in their possession on their person, while driving a motor vehicle upon a highway or on lands, as described in subdivision (c) of Section 23220, 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 punishable by a fine of not more than one hundred dollars ($100).
(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."
What is an Open Container?
The term "open container" in this code refers to any container holding marijuana that has been opened, broken seal, or has some marijuana removed. This includes any marijuana container accessible to the driver or passenger while the vehicle is moving.
Examples of "open containers" include a previously sealed dispensary purchase with a broken seal, cannabis edibles in an open package, a rolled joint in the driver's or passenger's shirt pocket, or a bong containing marijuana.
What Are the Exceptions?
VC 23222 allows two exceptions to the 'open container' rule when it comes to marijuana in a vehicle. Understanding these exceptions is crucial as it ensures you know your rights under the law.
- Container in the trunk: If the open container of marijuana is stored in the trunk of a motor vehicle or otherwise kept so it is not easily accessible to the driver or any passenger, then no violation has occurred. Essentially, the trunk itself is considered a "closed container."
- Authorized by law: VC 23222(b) provides an exception for those "authorized by law" to possess marijuana. Specifically, under VC 23222c, this includes individuals who hold a valid medical marijuana card, as long as the marijuana is kept in a sealed, re-sealed, or closed container. (In other words, not actively being used.)
What Are the Related Crimes?
- Vehicle Code 23222(a) VC - open container while driving
- Vehicle Code 23152(a) VC - driving under the influence (DUI)
- Vehicle Code 23152(f) VC - DUI of drugs
- Vehicle Code 23221 VC - drinking alcohol in a vehicle
- Vehicle Code 23224 VC - possess alcohol in a vehicle under 21
- Health and Safety Code 11359(b) - marijuana sales under 18
What Are the Penalties?
Driving with an open container of marijuana is illegal in California. The penalty for opening containers is a $100 fine. However, you may also violate other laws and face further charges if, for example:
- You are under the age of 21, as minors are not permitted to possess marijuana in any quantity
- The amount of marijuana is more than one ounce without a valid medical marijuana ID.
- You are using marijuana while driving, defined under VC 23152(f).
What are the Defenses for VC 23222(b)?
Suppose you are ticketed for violating the marijuana open container rule. In that case, our California criminal defense lawyers may be able to contest the infraction using one of the following common defenses discussed below.
We might argue that marijuana was not easily accessible or open. If the marijuana was in a sealed, child-proof container or stored in the trunk, the charge could be dismissed.
Alternatively, we could claim a lack of knowledge, such as being unaware of the marijuana's presence—perhaps because you were driving someone else's vehicle or a passenger carried marijuana without your knowledge.
It's also possible to argue that the vehicle was on private property or a private road, meaning VC 23222b wouldn't apply if you weren't on a public roadway or land with an open container.
Additionally, we might contend that the search was unlawful. If the marijuana was found during a vehicle search without probable cause, any evidence obtained could be excluded. For more information, contact the Hedding Law Firm in Los Angeles, CA.
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