California Supreme Court: Loose Cannabis In Vehicles Not an Open Container Violation

The California Supreme Court ruled on Friday that loose cannabis flower
inside of a vehicle is not a violation of the state’s open container rules,
the LA Times reports.

The court was considering a case where Sacramento police reported noticing
loose “crumbs” of cannabis in the back of a vehicle during a traffic spot.
The officers cited the discovery as an open container violation to justify
searching the vehicle, where they found an unregistered handgun.

However, the justices determined that since the cannabis was not
“accessible for consumption,” it should not have qualified as an open
container violation.

“The question before us is whether a small amount of loose marijuana
scattered on the rear floor of a car violates [the open container]
provision. We hold it does not.” — Justice Goodwin Liu, in a written opinion

“Marijuana that is not in a state to be consumed or that cannot be reached
‘while driving, operating, or riding’ in a vehicle has no potential for
impaired driving,” Liu wrote.

Courts have previously ruled that an “unburned blunt” sitting on a
passenger’s lap would be an open container violation, according to the
report.