CVC 23222(b)Not eligible for written declaration

Open Cannabis Container While Driving

Having on your person, while driving on a highway, an opened or unsealed container of cannabis or cannabis products, or loose cannabis flower not in a container, unless it is in the trunk.

Reviewed by the TicketClear teamLast reviewed October 10, 2026

Fine: $363DMV Points: 1

1 DMV point on a conviction (Vehicle Code 12810(f); 2026 Uniform Bail and Penalty Schedules).

Insurance: insurers must weigh your driving safety record first (Insurance Code 1861.02(a)), and more than one violation point counted under Vehicle Code 12810(a) to (d), (f), (i)(1) or (j) in the previous three years ends Good Driver Discount eligibility (Insurance Code 1861.025(b)(1)).

This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.

Important: This is an infraction, not a DUI

CVC 23222(b), having an open cannabis container while driving, is an infraction punishable by a fine of not more than $100 (Vehicle Code 23222(b)(1)). It is not a DUI. If you were also cited for driving under the influence (CVC 23152), that is a separate criminal charge, and you should consider a licensed attorney. Neither charge can be contested by written declaration (Vehicle Code 40902(a)(1)), and TicketClear's packet does not cover them.

What is a Open Cannabis Container While Driving ticket?

CVC 23222(b)(1) says that, except as authorized by law, a person who has in their possession on their person, while driving a motor vehicle upon a highway or on lands described in Section 23220(c), a receptacle containing cannabis or cannabis products, as defined by Section 11018.1 of the Health and Safety Code, which has been opened or has a seal broken, or loose cannabis flower not in a container, is guilty of an infraction punishable by a fine of not more than $100. Under 23222(b)(2), this does not apply if the opened receptacle or the loose cannabis flower is in the trunk of the vehicle.

Ask your insurer how a conviction affects your policy.

What the Law Says

(b) (1) Except as authorized by law, a person who has in their possession on their person, while driving a motor vehicle upon a highway or on lands, as described in subdivision (c) of Section 23220, a receptacle containing cannabis or cannabis products, as defined by Section 11018.1 of the Health and Safety Code, which has been opened or has a seal broken, or loose cannabis flower not in a container, is guilty of an infraction punishable by a fine of not more than one hundred dollars ($100). (2) Paragraph (1) does not apply to a person who has a receptacle containing cannabis or cannabis products that has been opened, has a seal broken, or the contents of which have been partially removed, or to a person who has a loose cannabis flower not in a container, if the receptacle or loose cannabis flower not in a container is in the trunk of the vehicle.

What the Officer Must Prove

1You were driving a motor vehicle upon a highway or on lands described in Section 23220(c)
2You had in your possession on your person an opened or seal-broken receptacle containing cannabis or cannabis products, or loose cannabis flower not in a container

Arguments Commonly Raised for Open Cannabis Container While Driving

General information: arguments drivers commonly raise for this code section. Whether any applies depends on your own facts.

In the trunk

CVC 23222(b)(2) says the rule does not apply if the receptacle or loose cannabis flower is in the trunk of the vehicle. Describe where it was.

Not opened

The section applies to a receptacle which has been opened or has a seal broken. If the package was sealed, describe it and keep it.

Authorized by law

The section applies except as authorized by law. CVC 23222(c) says subdivision (b) does not apply to a qualified patient or person with an identification card (Health and Safety Code 11362.7) who is carrying a current identification card or a physician's recommendation, if the cannabis or cannabis product is in a container that is sealed, resealed, or closed.

⚠️ Common Mistakes

✗Leaving out where in the vehicle the product was
✗Throwing away the package

What this code section covers (general information)

CVC 23222(b) — Open Cannabis Container While Driving. Having on your person, while driving on a highway, an opened or unsealed container of cannabis or cannabis products, or loose cannabis flower not in a container, unless it is in the trunk.

Eligible for Trial by Written Declaration: no — a court appearance is required.

This is general information about CVC 23222(b). It is not advice about your citation, and TicketClear does not evaluate anyone's facts. Whether any of it applies depends on your own facts. For advice about your situation, consult a licensed California attorney.

Frequently Asked Questions About Open Cannabis Container While Driving

Can I keep opened cannabis in the trunk?▼

CVC 23222(b)(2) says paragraph (1) does not apply if the opened receptacle or the loose cannabis flower is in the trunk of the vehicle.

This ticket cannot be contested by written declaration

An infraction cited under Article 2 of the Vehicle Code's alcohol and drug chapter (Sections 23152 to 23229.1), which includes this section, is excluded from trial by written declaration (Vehicle Code 40902(a)(1)). You can contest it in person at court. TicketClear's packet does not cover it.

Related Violations

CVC 23222(a)