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California's top court rules loose marijuana crumbs aren’t enough for a vehicle search.
The California Supreme Court ruled that police cannot search a vehicle based solely on finding loose marijuana, stating it must be in a usable, imminently consumable form—like a rolled joint—to violate open container laws.
Scattered crumbs, such as the 0.36 grams found in a Sacramento case, are not considered readily accessible or consumable, similar to spilled beer.
The court reversed lower rulings, rejecting claims of probable cause based on nervousness or a rolling tray without evidence of paraphernalia or erratic driving.
The decision applies to California’s recreational marijuana laws, legal since 2016, though marijuana remains illegal under federal law.
La Corte Suprema de California dictamina que las migas sueltas de marihuana no son suficientes para una búsqueda en un vehículo.