January 29, 2026
Supreme Court of California
The Rule of Sellers v. Superior Court is that to violate Health and Safety Code section 11362.3, subdivision (a)(4) (open container of marijuana in vehicle), marijuana must be of a usable quantity, in imminently usable condition, and readily accessible to an occupant, under circumstances where the marijuana could be consumed with minimal effort while driving, operating, or riding in the vehicle.