Current through the 2024 Legislative Session.
Section 23222 - Open container; possession of cannabis(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.Amended by Stats 2019 ch 610 (AB 397),s 2, eff. 1/1/2020.Amended by Stats 2019 ch 497 (AB 991),s 274, eff. 1/1/2020.Amended by Stats 2017 ch 27 (SB 94),s 174, eff. 6/27/2017.Amended by Stats 2010 ch 708 (SB 1449),s 2, eff. 1/1/2011.