Driving with Marijuana

Proposition 64, passed on November 8, 2016, legalized the use of recreational marijuana in California. It went into effect on January 1, 2018. However, there are still limitations that residents of California need to know. First, it's illegal to drive under the influence of marijuana in California. In fact, it is considered a DUI and can result in jail time. It can also still be a crime to drive with marijuana in the car, even if not under the influence of it. The following precautions should be taken while driving with marijuana:

• Do not drive with more than an ounce (28.4 grams), or more than 8 grams of concentrated cannabis. This is the legal amount that a person may possess in California, and driving with more than this may result in up to six months in county jail, a fine of $500, or both.
• If driving with marijuana from the dispensary, keep it in a container. There are "open container" laws that apply to marijuana. This means that you must keep it in a sealed container at all times.
• The container must be closed, and if opened, it must be resealed. According to California Vehicle Code 23222 (b), any receptacle containing cannabis products that has been opened or has loose cannabis flower not in a container is subject to a fine up to $100.
• Regardless of the container, the safest place to keep the marijuana is the trunk of the car. This protects drivers from the fine even if the container is open or the seal is broken.

Citation:

- CA Health Code 11357

- CA Vehicle Code 23222 (b)