(a)A person shall not have in their possession on their person, while driving a motor vehicle upon a highway or on lands, as described in subdivision (c) of Section 23220, a bottle, can, or other receptacle, containing an alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed.
(b)(1)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, as described in subdivision (c) of Section 23220, a receptacle containing cannabis or cannabis products, as defined by Section 11018.1 of the Health and Safety Code, 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).
(2)Paragraph (1) does not apply to a person who has a receptacle containing cannabis or cannabis products that has been opened, has a seal broken, or the contents of which have been partially removed, or to a person who has a loose cannabis flower not in a container, if the receptacle or loose cannabis flower not in a container is in the trunk of the vehicle.
(c)Subdivision (b) does not apply to a qualified patient or person with an identification card, as defined in Section 11362.7 of the Health and Safety Code, if both of the following apply:
(1)The person is
carrying a current identification card or a physician’s recommendation.
(2)The cannabis or cannabis product is contained in a container or receptacle that is either sealed, resealed, or closed.
Notes of Decisions
Cited in
39
cases (
19 in the last 5 years), 1990–2026 · leading case:
People v. Fews, 238 Cal. Rptr. 3d 337 (Cal. Ct. App. 5th 2018).
People v. Fews, 238 Cal. Rptr. 3d 337 (Cal. Ct. App. 5th 2018).
· cites it 3× “1, subdivision (c), provides that "[c]annabis and cannabis products involved in any way with conduct deemed lawful by this section are not contraband nor subject to seizure, and no conduct deemed lawful by this section shall constitute the basis for detention, search, or arrest.”
People v. Carlson, 200 Cal. App. 4th 695 (Cal. Ct. App. 2011).
“(a)), and driving while in possession of marijuana (Veh. Code, § 23222, subd. (b)). The court imposed a concurrent sentence and fines for these charges.”
People v. Hunter, 2005 Cal. Daily Op. Serv. 8994 (Cal. Ct. App. 2005).
“2 When defendant said the ashtray bag was his, Poyser began to write up a citation for driving with less than one ounce of marijuana in the car, a misdemeanor (Veh. Code, § 23222, subd. (b)). Right after the first bag had been found, the officers got radio verification that the…”
People v. Reyes, 60 Cal. Rptr. 3d 777 (Cal. Ct. App. 2007).
“(a)), possession of marijuana while driving a motor vehicle (Veh. Code, § 23222, subd. (b)) and driving on a suspended license (Veh.”
People v. Toney, 99 Cal. Daily Op. Serv. 9397 (Cal. Ct. App. 1999).
“Code, § 11383, subd. (c)(1)); 2) possession of methamphetamine (Health & Saf.”
People v. McCloskey, 91 Cal. Daily Op. Serv. 622 (Cal. App. Dep’t Super. Ct. 1990).
“For example, Vehicle Code section 23220 applies to drinking while driving a motor vehicle upon a highway; Vehicle Code section 23221, drinking in a motor vehicle upon a highway; Vehicle Code section 23222, possession on the person of an open container containing an alcoholic…”
People v. Johnson (Cal. Ct. App. 2020).
· cites it 6× “3; Veh. Code, § 23222, subd. (b).) Notwithstanding any other proscription by law, section 11362.”
People v. Fews (Cal. Ct. App. 2018).
· cites it 3× “(f)) or while in possession of an open container of marijuana (Veh. Code, § 23222, subd. (b)(1); People v.”
People v. Lopez CA3 (Cal. Ct. App. 2020).
· cites it 2× “(a)(4); Veh. Code, § 23222, subd. (b)(1).) Defendant attempts to rebut this conclusion by presenting each factor in the probable cause analysis on an individual basis, arguing none of those factors is enough, individually, to establish probable cause.”
People v. Hall (Cal. Ct. App. 2020).
· cites it 2× “) The Attorney General counters that an “open container” is any receptacle containing cannabis or cannabis products “which has been opened or has a seal broken,” relying on the language of Vehicle Code section 23222.6 6 Vehicle Code section 23222, subdivision (b)(1), provides,…”
Blakes v. Superior Court CA3 (Cal. Ct. App. 2021).
· cites it 2× “3; Veh. Code, § 23222, subd. (b).) Notwithstanding any other proscription by law, Health and Safety Code section 11362.”
— Cal. Vehicle Code § 23222(b)(1) — 1 case
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