The issues to be briefed and argued are as follows: 1. Does the presence of 0.36 grams of loose marijuana on the floor of a vehicle constitute an open container violation under Health & Safety Code, section 11362.3, subdivision (a)(4)? 2. Does the answer to this question affect whether there was probable cause for a warrantless vehicle search under the totality of the circumstances, such that remand would be required for reconsideration of the Court of Appeal’s alternative analysis, Sellers v. Superior Court (2024) 104 Cal.App.5th 468, 478-479?

Held:

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.

This case was decided 1/29/26. Justice Liu authored the unanimous opinion of the Court.