California Vehicle Code 23222(b): Marijuana in a Vehicle prohibits individuals from carrying open containers of marijuana in motor vehicles. Drivers who carry open cannabis products may face fines for their actions.
A Los Angeles DUI lawyer can provide more information about this infraction. Generally, you can carry a container of marijuana in your vehicle in California as long as it’s shut and unopened. You can call or complete our online contact form to learn more.
Is it Illegal to Transport Marijuana in a Vehicle in California?
California has legalized both medical marijuana and some recreational use of marijuana. VC 23222(b) says that having it in your vehicle is only illegal “except as authorized by law.” So, if you are following the laws for medical marijuana or legal recreational marijuana, you should not be charged with this offense.
However, you could still face charges if any of the following is true:
- You are under 21 years of age
- You are carrying more than 28.5 grams of marijuana
- You are carrying more than 4 grams of concentrated cannabis
Additionally, you can face charges if you do not have the marijuana in a sealed, closed container. Legally, you should not carry loose cannabis flowers or other cannabis products – like concentrated cannabis – in open containers.
Even in these circumstances, because of the way California decriminalized marijuana, there is a chance that officers who pull you over will not charge you with VC 23222(b). However, this is at the officer’s discretion.
You can explore tips for driving with cannabis to learn more about safely transporting this substance.
Are There Exceptions for Carrying Open Containers of Marijuana?
You may legally transport loose cannabis flowers and other products in unsealed containers in the trunk of your vehicle.
Additionally, the law allows you to carry resealed cannabis products if you have a physician’s recommendation or an identification card that will enable you to carry marijuana products in this way.
California’s laws have changed significantly with the legalization of marijuana, so this charge may have less severe consequences than previously for many people. You can learn more with criminal defense attorneys.
What Are the Penalties for Having Marijuana in a Vehicle?
The court considers VC 23222(b) an “infraction,” meaning it is not a misdemeanor criminal offense. It’s similar to receiving a speeding ticket. The maximum penalty is a fine of up to $100.
Can You Face Possession of Marijuana Charges for Driving with Marijuana?
You can transport small amounts of marijuana products in your motor vehicle in closed containers without facing legal charges. However, if you carry larger amounts with you and get pulled over, an officer could charge you with possession of marijuana.
While California legalized private usage of marijuana, the state still restricts marijuana sales. Carrying a large amount of marijuana products could result in an infraction. You can seek additional guidance about this situation from a criminal defense lawyer.
Can You Face DUI Charges for Having Marijuana in Your Vehicle?
Having marijuana in your vehicle—in any quantity—can also make law enforcement officers suspect that you are driving “stoned.” Driving under the influence of marijuana is illegal in California regardless of whether the marijuana is recreational or medicinal.
You cannot legally operate a vehicle under the influence of alcohol or drugs in California, even if you have a valid prescription or medical marijuana card.
You could be asked to perform field sobriety tests and could potentially face a DUI arrest. After your arrest, you must take a blood test or urine test to show whether you had any drugs present in your system.
What Happens After a Drug DUI Arrest?
California typically treats driving under the influence of drugs as a misdemeanor offense. Therefore, a conviction could result in higher fines and time in county jail. You may also face a license suspension after a DUI conviction.
Fortunately, after an arrest, you may have grounds for a strong defense based on whether the arrest was appropriate in the first place. Technically, possessing a legal amount of marijuana in the car should not provoke any more suspicion than having an unopened bottle of wine in the back seat with your groceries.
If the police did not have probable cause for an arrest, you may be able to win your DUI case. Your lawyer may explore other legal defenses after an arrest. The police often find it difficult to prove cannabis DUIs.
Learn More About Marijuana in a Vehicle Charges in California
You can get more information about California Vehicle Code 23222(b): Marijuana in a Vehicle charges with a Los Angeles DUI attorney. A lawyer can provide you with defense options, like showing that the police performed an illegal search.
You can draw on our resources to learn more about legal strategies that can help in this situation. Call or fill out our online contact form to learn more.
