- Ref # CAC00008
- November 30, 2020
Marijuana Vehicle Searches; California’s Marijuana Laws vs. Federal Law and more...
Marijuana Vehicle Searches
Closed Container of a Lawful Amount of Marijuana in a Vehicle
H&S § 11362.1(c) and a Vehicle Driver’s Protection from Detention, Search, or Arrest
California’s Marijuana Laws vs. Federal Law
Good Faith and Marijuana Vehicle Searches
The lawful possession of marijuana in a vehicle, by itself, does not supply the necessary probable cause needed to allow for a search of that vehicle for more marijuana. A closed container of not more than 28.5 grams of marijuana in a vehicle, even though not sealed, is lawful for a person who is 21 years of age or older. The fact that possession of any amount of marijuana continues to be a violation of federal law does not allow for state officers, investigating a state offense, to search for more marijuana. An officer’s alleged “good faith” does not provide an exception to the search restrictions under H&S § 11362.1(c).
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