California’s New “Open Container” Law Applies to Driving With Marijuana in the Car

California has had medical marijuana since 1996. And in November 2016, California voters approved Proposition 64, which legalized recreational marijuana use in the state. (Read the specifics of California’s marijuana laws.) The result was a patchwork of laws that—while achieving the primary purposes—left the public with safety concerns and law enforcement with questions about enforcement.

In an effort to address the public safety and enforcement issues, the Legislature passed S.B. 94 (the “Medicinal and Adult-Use Cannabis Regulation and Safety Act”). Governor Jerry Brown signed S.B. 94 into law on June 27, 2017.

One issue tackled by S.B. 94 is how to deal with motorists who are in possession of marijuana while driving. Essentially, the legislation amends the existing alcohol “closed container” law—California Vehicle Code section 23222 (2017)—to include marijuana. The new law prohibits driving while in possession of any “receptacle” containing cannabis that has been “opened or has a seal broken, or loose cannabis flower not in a container.” The law, however, doesn’t restrict open containers of marijuana stored in the trunk of the car. And medical marijuana patients can drive while in possession of marijuana if carrying a valid medical marijuana card or physician’s recommendation and the container is either “sealed, resealed, or closed.”

A violation of the marijuana closed container law is an infraction and carries a maximum $100 fine.

(Find out about how marijuana legalization has affected California’s DUI laws.)