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4w ago

California Supreme Court Limits Car Marijuana Searches to Readily Usable, Accessible Pot

The unanimous decision centers the open‑container statute on immediate consumability, narrowing when officers may search vehicles.

Driving with an open container of weed remains illegal in California, but a few crumbs on the floor makes for a shaky prosecution, the state’s highest court says.
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Overview

  • The court held that marijuana in a vehicle must be a usable quantity, in imminently usable condition, and readily accessible to violate the law.
  • In the 2021 Sacramento stop at issue, officers found about 0.36 grams of scattered crumbs and a rolling tray, which the justices said did not justify a search.
  • Justice Goodwin Liu wrote that loose cannabis on the floor is akin to spilled beer because it is not readily consumable and poses no immediate impaired‑driving risk.
  • The ruling reverses lower‑court decisions and dismisses charges against passenger Davonyae Sellers in Sellers v. Superior Court (No. S287164).
  • Civil liberties advocates, including the ACLU, praised the ruling as curbing pretextual searches, and local prosecutors offered no immediate comment.