California Enacts “Open Container” Law for Driving While in Possession of Marijuana

New California legislation sets guidelines for transporting open containers of marijuana in a vehicle.

On June 27, 2017, California Governor Jerry Brown signed A.B. 94 into law. Basically, the legislation (which took effect immediately) amended California’s “closed container” law—Vehicle Code section 23222—to treat marijuana the same way as alcohol. The new version of the law makes it’s illegal to drive 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” An exception applies for open containers of marijuana stored in the trunk of the car. And medical marijuana patients can drive with marijuana in their possession if carrying a valid medical marijuana card or physician’s recommendation and the container is either “sealed, resealed, or closed.”