The California Supreme Court ruled Thursday that the state’s law prohibiting marijuana in an open container inside a vehicle does not apply to small amounts of residue such as the crumbs of dried cannabis flower.
In a unanimous decision, the court said the statute is meant to address situations that could contribute to impaired driving, not to criminalize the presence of scattered particles that have no practical use. Writing for the court, Justice Goodwin Liu said marijuana in a vehicle “must be of a usable quantity, in eminently usable condition, and readily accessible to an occupant” to violate the law.
The ruling establishes a clear statewide standard that unusable marijuana remnants such as crumbs or seeds on a floorboard or under a seat do not meet the threshold for criminal charges under California’s open-container provision.
The case that prompted the decision involved a 2021 Sacramento traffic stop where officers reported seeing a rolling tray on a seat and small marijuana particles on the floor of the vehicle. The material, later measured at 0.36 grams, led to the arrest of passenger Davonyae Sellers because it was not stored in a sealed container.
Lower courts allowed the prosecution to proceed, interpreting the law to mean that any marijuana not in a closed container inside a vehicle could constitute a violation. The Supreme Court rejected that interpretation, saying the focus must remain on whether the marijuana could be consumed and accessed in a way that poses a risk of impaired driving.
“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.
The decision reverses the lower court rulings and narrows how the open-container law can be applied in future cases across the state.
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