Is loose marijuana in your car illegal? Can it cause legal trouble for California residents and be a reason for an officer to search your car?
A recent ruling — stemming from a November 2021 traffic stop in Sacramento — by the California Supreme Court has clarified guidelines for police officers when searching a car without a warrant.
Here’s what to know:
What is the new ruling?
The California Supreme Court ruled Thursday, Jan. 29 that police officers must find marijuana in a condition that’s ready to be smoked if they are going to charge a driver with an open container violation, according to CalMatters.
The ruling reversed a magistrate judge, trial court and the California Court of Appeal, which had all agreed that the loose marijuana fit into the open container violation and gave police cause to search a vehicle, according to CalMatters.
The reasoning behind the decision? You can smoke a joint and drink a beer, but loose marijuana is not in a condition to be consumed.
“In assessing whether the marijuana is imminently usable or readily accessible, courts should consider whether the marijuana could be consumed with minimal effort by an occupant of the vehicle,” the court said in its ruling.
What was the case about?
A vehicle was pulled over in Sacramento on Nov. 5, 2021 for failing to stop fully before a pedestrian crosswalk, according to court records. One of the officers that were a part of the traffic stop found 0.36 grams of loose marijuana on the floorboards of the backseat and along with a tray on which to roll joints.
Court records said “other than the traffic violation, nothing was suspicious about the car.” But due to the driver’s alleged nervousness, the officer argued possession of a rolling tray was enough cause to search the car, an argument the court rejected, according to CalMatters.
In the ruling, the California Supreme Court said, “Because the marijuana crumbs here were neither imminently usable nor readily accessible to any occupant of the vehicle, there was no violation of the statute.”
When can an officer search your car in California?
Police officers in California without a warrant must have “express permission” in order to search a car. Anything that is found in the car after attaining consent can be used as evidence in court, according to Kann California Law Group.
Additionally, police officers can search a car without warrant if the officer has probable cause that the vehicle contains evidence of illegal contraband or if that item pertains to a crime.
Finally, an officer can search a vehicle if the driver is being arrested and if the vehicle is being impounded.