The mere presence of marijuana in a car, outside of a sealed container, does not constitute driving with an “open container” of marijuana (HS 11362.3(a)(4)). Instead, a violation requires, “at a minimum,” marijuana in a “usable quantity, in imminently usable condition, and readily accessible to an occupant.” Here, a small amount of “loose, crumbled” marijuana on the vehicle floorboard did not qualify. Further, the totality of the circumstances did not create probable cause to search the car, specifically rejecting the probative value of “apparent nervousness” on the part of the car occupants.

The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/S287164.PDF