""We hold that at a minimum, to constitute a violation of (the open container law), marijuana in a vehicle must be of a usable quantity, in imminently usable condition, and readily accessible to an occupant,""
""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,""
Marijuana in a vehicle constitutes an open-container violation only if it is a usable quantity, in imminently usable condition, and readily accessible to an occupant. Rolled, ready joints and opened beverage containers are readily consumable, while loose crumbs scattered on floorboards are not. Courts should assess whether marijuana could be consumed with minimal effort by an occupant when determining imminently usable or readily accessible status. Scattered 0.36 grams of marijuana crumbs on a backseat floorboard, even with a rolling tray present, is insufficient to establish an open-container violation or justify a vehicle search. Recreational marijuana is legal in California since 2016 but remains illegal under federal law.
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