California Supreme Court Watch

#24-259 Sellers v. Superior Court, S287164.  (C100036; 104 Cal.App.5th 468; Sacramento County Superior Court; 21FE018661.)  Petition for review after the Court of Appeal denied a petition for writ of mandate.  This case presents the following issues:  (1) Does the presence of 0.36 grams of loose marijuana on the floor of a vehicle constitute an open container violation under Health & Safety Code, section 11362.3, subdivision (a)(4)?  (2) Does the answer to this question affect whether there was probable cause for a warrantless vehicle search under the totality of the circumstances, such that remand would be required for reconsideration of the Court of Appeal’s alternative analysis, Sellers v. Superior Court (2024) 104 Cal.App.5th 468, 478–479?

Petition for review granted; issues limited: 12/18/2024

Case fully briefed: 7/31/2025

Cause argued and submitted: 11/04/2025

Opinion filed: Judgment reversed: 1/29/2026

See the Court of Appeal Opinion.

See the Petition for Review.

See the Oral Argument.

See the California Supreme Court Opinion.  (Sellers v. Superior Court (2026) 19 Cal.5th 75.)

“Enacted as part of California’s legalization of marijuana, Health and Safety Code section 11362.3, subdivision (a)(4) makes it an infraction to have an “open container” of marijuana in a vehicle. The question before us is whether a small amount of loose marijuana scattered on the rear floor of a car violates that provision. We hold it does not. We further hold that the officers here lacked probable cause to conduct a search of the vehicle.”

Justice Liu authored the opinion of the Court, in which Chief Justice Guerrero and Justices Corrigan, Kruger, Groban, Evans, and Streeter* concurred.