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Cops Have to Treat Cannabis in Your Car Differently After New California Supreme Court Ruling

The court ruled 0.36 grams of loose marijuana crumbs do not justify a vehicle search, setting a clear standard for usable, imminently consumable marijuana in cars.

  • The California Supreme Court ruled today that marijuana in a vehicle must be of a usable, imminently usable, and accessible condition to constitute an open-container violation, reversing lower courts.
  • In Sacramento, police officers stopped a vehicle after observing a rolling tray and found 0.36 grams of loose marijuana crumbs on the rear floorboard, citing the driver's nervousness to justify a search despite no consumption paraphernalia.
  • The court reasoned that loose crumbs differ from a rolled joint, explaining crumbs are not readily consumable and instructing courts to assess if an occupant could consume marijuana with minimal effort.
  • The court ruled officers lacked probable cause to search the vehicle and clarified that courts assessing imminently usable condition must consider minimal effort for consumption.
  • Against California's post-2016 legalization backdrop, the ruling narrows officers' search powers while marijuana remains illegal under federal law, highlighting tension between state and federal policies.
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KQED broke the news in San Francisco, United States on Thursday, January 29, 2026.
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