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California Supreme Court Says Trace Marijuana in Cars Isn’t an Open-Container Violation

The unanimous ruling requires a usable, imminently consumable quantity within reach to trigger the statute.

Overview

  • In a 7-0 decision in Sellers v. Superior Court, the court reversed lower courts and dismissed charges against passenger Davonyae Sellers.
  • Justices held that crumbs or seeds are not readily consumable, likening loose cannabis on a floorboard to spilled beer rather than a ready-to-use product.
  • The opinion set a standard that marijuana must be of a usable quantity, in imminently usable condition, and readily accessible to violate the open-container law.
  • The court found officers lacked probable cause to search the car in the 2021 Sacramento stop that turned up about 0.36 grams of loose debris on the rear floor and a rolling tray.
  • Civil liberties advocates praised the decision for curbing pretextual searches tied to lawful possession, and the local district attorney’s office gave no immediate comment.