California Supreme Court Rules Marijuana Residue in Vehicles Is Not a Crime

OG article by Anthony Martinelli

February 2, 2026

The California Supreme Court unanimously ruled that trace amounts of marijuana residue, like crumbs or particles in vehicles, do not violate the state's open-container law aimed at preventing impaired driving. Justice Goodwin Liu wrote that the law only applies to marijuana in a "usable quantity, in eminently usable condition, and readily accessible." Unusable remnants, such as scattered particles on floors or under seats, pose no impairment risk and cannot be criminalized. The case originated from a 2021 Sacramento traffic stop where officers found a rolling tray and 0.36 grams of particles, leading to an arrest for improper storage. Lower courts upheld the charge, but the Supreme Court reversed, narrowing the law's scope statewide. This protects individuals from prosecution over non-usable traces while maintaining focus on driving safety.