Possession of Marijuana While Driving: Laws, Penalties & Bail Options

What Is Possession of Marijuana While Driving?

Possession of marijuana while driving is a traffic and drug-related offense that occurs when a person possesses or transports cannabis in a vehicle in violation of state law.

In California, while recreational marijuana use is legal for adults over 21, strict laws regulate how and where it can be transported. It is illegal to drive with an open container or unsealed package of marijuana in the car, or to consume it while driving or riding as a passenger.

California Law on Marijuana and Driving

Under California Vehicle Code 23222(b), it is unlawful for any driver to possess marijuana in an open container or unsealed package while operating a motor vehicle.

Legal possession is only allowed when:

• The marijuana is in a sealed, unopened container, and
• It is stored in the trunk or another area not accessible while driving.

If the marijuana is open or accessible (such as in the glove compartment or cup holder), the driver may face fines or additional charges.

Penalties for Possession of Marijuana While Driving

The penalties depend on the circumstances, including the driver’s age, prior offenses, and whether other violations (like DUI) occurred:

• Infraction:
  • Fine of up to $100 for possessing marijuana in an open container while driving.
• Misdemeanor:
  • Applies if the driver is under 21 or found under the influence of marijuana while driving.
  • May result in higher fines, probation, community service, or license suspension.
• Felony (rare):
  • If the offense involves distribution or intent to sell while driving, it can escalate to a felony charge with potential jail time.

Can You Be Arrested?

Yes. While possession of marijuana is generally treated as an infraction, arrest can occur if:

• The driver is impaired while driving,
• The amount of marijuana exceeds the legal limit (more than 28.5 grams), or
• The officer suspects intent to sell or distribute.

In such cases, the individual may be taken into custody and required to post bail.

Bail for Marijuana-Related Offenses

For simple possession while driving, bail is usually low or not required. However, in cases involving DUI or felony possession, bail may range from $5,000 to $20,000, depending on the jurisdiction and severity.

Posting bail allows the defendant to be released while awaiting court proceedings.

How a Bail Bond Can Help

If bail is set higher than expected, a bail bond provides a fast, affordable solution:

• A licensed bail agent posts bail for the defendant.
• The defendant (or co-signer) pays a non-refundable fee—usually 10% of the total bail amount.
• The bail agent ensures court appearances and assists throughout the process.

This allows the defendant to return home and focus on their legal defense.

Facing a Marijuana-Related Driving Charge?

Even minor marijuana offenses can have lasting effects on your record and driving privileges. If you or a loved one has been arrested for possession of marijuana while driving, our licensed bail agents are available 24/7 to help post bail quickly and guide you through the process with professionalism and care

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