Updated
Vehicle Code 23222 b VC is the California statute that makes it an offense for a driver to operate a motor vehicle while in possession of an open container of marijuana. California law allows a driver to transport a closed container of marijuana, or one that is still sealed. A violation of this section is punishable by a $100 fine.
Note that officers will often write the citation as 23222(b) VC or 23222(b) CVC.
VC 23222b states that, “except as authorized by law, a person who has in their possession on their person, while driving a motor vehicle upon a highway or on lands…a receptacle containing cannabis or cannabis products…which has been opened or has a seal broken, or loose cannabis flower not in a container, is guilty of an infraction punishable by a fine of not more than one hundred dollars ($100).”
Examples of unlawful acts
- having an ounce of marijuana in a pocket while driving.
- purchasing marijuana at a dispensary, breaking the seal on the container, and throwing it in the passenger seat.
- holding a joint while driving on a California roadway.
Legal Defenses
A driver can challenge any accusations of violating this law with a legal defense. A few successful defenses include the driver showing that:
- he/she was legally authorized to possess the drug,
- he/she was on a private road,
- the police conducted an unlawful search and seizure.
Penalties
A violation of this section is an infraction (as opposed to a misdemeanor or a felony). The offense is punishable by a maximum fine of $100.
Our California criminal defense attorneys will highlight the following in this article:
- 1. What is prohibited by Vehicle Code 23222b?
- 2. Can a driver raise a legal defense?
- 3. What are the penalties?
- 4. Can an offender get a conviction expunged?
- 5. Are there related offenses?
1. What is prohibited by Vehicle Code 23222b?
Vehicle Code 23222b VC is California’s “open container” law for marijuana. The statute makes it an offense for a person to:
- drive a motor vehicle, and
- do so while in possession of marijuana – that is either in an open container or no container at all.1
Note that a motorist can legally transport marijuana if it is in a closed container that is still sealed.2
Note too that the statute specifically states that a person is not in violation of this law if he/she is legally authorized to possess the drug (e.g., a qualified patient with a valid prescription).3
2. Can a driver raise a legal defense?
Our criminal defense attorneys advise clients that there are three common defenses to these types of charges. These include showing that:
- the driver was authorized to possess marijuana.
- the accused was on a private road.
- the police conducted an unlawful search and seizure.
2.1 Authorized to possess
It is always a defense for a driver to show that he/she was authorized to possess marijuana. People authorized to possess the drug include:
- licensed marijuana caregivers,
- persons with a medical marijuana identification card, and
- patients with lawful prescriptions.
2.2 Private road
These laws apply to motorists on public roads, including California streets and highways. However, it does not apply to those drivers operating a car on a private road or driveway. This means it is a valid defense for a person to say that he/she was on a private road when stopped by the police.
2.3 Unlawful search and seizure
A police officer can only search a car if he/she:
- has a valid search warrant, or
- is authorized to do so by means of a valid search warrant exception.
If police find evidence of marijuana via an unlawful search, then that evidence can get excluded from a case and any possible charges can get dropped.4
3. What are the penalties?
A violation of this statute is a California infraction.5
The offense is punishable by a maximum fine of one hundred dollars.6
4. Can an offender get a conviction expunged?
Expungements are not applicable to violations of this statute.
Recall that violations of these laws are infractions. While certain crimes can get expunged, infractions under California law are not considered criminal acts.
5. Are there related offenses?
There are three offenses related to this statute. These are:
- possession of marijuana – HS 11357,
- driving under the influence of drugs – VC 23152f, and
- driving with an open container – VC 23221-23229.
5.1 Possession of marijuana – HS 11357
Health and Safety Code 11357 HS is the California statute that makes it a crime for a person to possess:
- more than 28.5 grams of marijuana (approximately one ounce of marijuana), or
- more than eight grams of concentrated cannabis.
Unlike VC 23222b, this law is not limited to the possession of marijuana while driving a car.
5.2 Driving under the influence of drugs – VC 23152f
California Vehicle Code 23152f VC makes driving under the influence of drugs (DUID) a crime.
If a motorist is driving high while on marijuana, and has it on his person, he can be charged with both:
- VC 23152f, and
- VC 23222b.
5.3 Driving with an open container – VC 23221-23229
Vehicle Code sections 23221-23229 VC are the California laws that make it illegal for a person to drive with an open alcoholic beverage in the vehicle.
Unlike VC 23222b, these laws strictly pertain to alcohol and not drugs.
For additional help…
For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact our law firm at the Shouse Law Group.
Legal References:
- California Vehicle Code 23222b VC.
- See same. See also People v. Shumake (2019) 45 Cal.App.5th Supp. 1.
- See same. See also City of Garden Grove v. Superior Court (2007) 157 Cal.App.4th 355.
- See, e.g., People v. Shumake (2019) 45 Cal.App.5th Supp. 1. For issues concerning probable cause, see People v. Johnson (2020) 50 Cal.App.5th 620.
- California Vehicle Code 23222b VC.
- See same.