Sellers v. Superior Court, 2026 Cal. LEXIS 269 (Cal. 2026)

The California Supreme Court found that a small amount of loose marijuana scattered on the rear floor of a car does not violate a state statute prohibiting driving while under the impairment of marijuana. The court further held that these circumstances did not create probable cause to conduct a search of the vehicle. The court stated in relevant part:

“In order to violate section 11362.3, subdivision (a)(4), marijuana in a vehicle at least must be of a usable quantity, in imminently usable condition, and readily accessible to an occupant. Because the marijuana crumbs here were neither imminently usable nor readily accessible to any occupant of the vehicle, there was no violation of the statute. We further find no probable cause for the vehicle search on these facts. We reverse the decision of the Court of Appeal and remand for further proceedings, including determination of the proper remedy.”