Cal. Codes » Health and Safety Code / DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT / CHAPTER 6. Offenses and Penalties / ARTICLE 2. Cannabis
California Codes

Cal. Health and Safety Code § 11362.3 (2026)

Cannabis

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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(a)Section 11362.1 does not permit any person to:

(1)Smoke or ingest cannabis or cannabis products in a public place, except in accordance with Section 26200 of the Business and Professions Code.

(2)Smoke cannabis or cannabis products in a location where smoking tobacco is prohibited.

(3)Smoke cannabis or cannabis products within 1,000 feet of a school, day care center, or youth center while children are present at the school, day care center, or youth center, except in or upon the grounds of a private residence or in accordance with Section 26200 of the Business and Professions Code and only if such smoking is not detectable by others on the grounds of the school, day care center, or youth center while children are present.

(4)Possess an open container or open package of cannabis or cannabis products while driving, operating, or riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation.

(5)Possess, smoke, or ingest cannabis or cannabis products in or upon the grounds of a school, day care center, or youth center while children are present.

(6)Manufacture concentrated cannabis using a volatile solvent, unless done in accordance with a license under Division 10 (commencing with Section 26000) of the Business and Professions Code.

(7)Smoke or ingest cannabis or cannabis products while driving, operating a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation.

(8)Smoke or ingest cannabis or cannabis products while riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation except as permitted on a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation that is operated in accordance with Section 26200 of the Business and Professions Code and while no persons under 21 years of age are present.

(b)For purposes of this section, the following definitions apply:

(1)“Day care center” has the same meaning as in Section 1596.76.

(2)“Smoke” means to inhale, exhale, burn, or carry any lighted or heated device or pipe, or any other lighted or heated cannabis or cannabis product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoke” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in a place.

(3) “Volatile solvent” means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.

(4)“Youth center” has the same meaning as in Section 11353.1.

(c)Nothing in this section shall be construed or interpreted to amend, repeal, affect, restrict, or preempt laws pertaining to the Compassionate Use Act of 1996.

Notes of Decisions
Cited in 6 cases (5 in the last 5 years), 2020–2026 · leading case: Sellers v. Super. Ct., 19 Cal. 5th 75 (2026).
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Sellers v. Super. Ct., 19 Cal. 5th 75 (2026). · cites it 2× “Enacted as part of California’s legalization of marijuana, Health and Safety Code section 11362.3, subdivision (a)(4) makes it an infraction to have an “open container” of marijuana in a vehicle.”
People v. Shumake, No. JAD19-12 (Cal. Ct. App. Mar. 3, 2020). “(Health and Safety Code Section 11362.3(a)(7) and (8).”
People v. Foreman, No. F079896 (Cal. Ct. App. Jan. 28, 2021). “(Health and Saf. Code, § 11362.3, subd. (a)(5)[ ])” and to “ ‘[p]ossess an open container or open package of cannabis or cannabis products’ in and around motor vehicles.”
People v. Trone, No. B294933 (Cal. Ct. App. Mar. 30, 2021). “) Both Strasburg and 4 Health and Safety Code section 11362.3, subdivision (a)(4) provides, “Section 11362.”
Sellers v. Superior Court, No. C100036 (Cal. Ct. App. Apr. 9, 2026). “) In our prior opinion, a divided panel of this court upheld the search, concluding that the loose marijuana was contraband being “illegally transported” in violation of Health and Safety Code section 11362.3, subdivision (a)(4),1 which makes it an infraction to have an “open…”
People v. Guidry, No. E084970 (Cal. Ct. App. Apr. 9, 2026). “Health and Safety Code section 11362.3, subdivision (a)(4) provides that no one is permitted to “[p]ossess an open container or open package of cannabis or cannabis products while driving, operating, or riding in the passenger seat or compartment of a motor vehicle, boat,…”
Cal. Health and Safety Code § 11362.3(a)(4): 1 case
People v. Shumake, No. JAD19-12 (Cal. Ct. App. Mar. 3, 2020). “(Health and Safety Code Section 11362.3(a)(7) and (8).”
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