California Laws: Vehicle Code Section 23222
Section 23222
(a) No person shall have in his or her possession on his or
her person, while driving a motor vehicle upon a highway or on lands,
as described in subdivision (b) of Section 23220, any bottle, can,
or other receptacle, containing any alcoholic beverage which has been
opened, or a seal broken, or the contents of which have been
partially removed.
(b) Except as authorized by law, every person who possesses, while
driving a motor vehicle upon a highway or on lands, as described in
subdivision (b) of Section 23220, not more than one avoirdupois ounce
of marijuana, other than concentrated cannabis as defined by Section
11006.5 of the Health and Safety Code, is guilty of a misdemeanor
and shall be punished by a fine of not more than one hundred dollars
($100). Notwithstanding any other provision of law, if the person
has been previously convicted three or more times of an offense
described in this subdivision during the two-year period immediately
preceding the date of commission of the violation to be charged, the
previous convictions shall also be charged in the accusatory pleading
and, if found to be true by the jury upon a jury trial or by the
court upon a court trial or if admitted by the person, Sections
1000.1 and 1000.2 of the Penal Code are applicable to the person, and
the court shall divert and refer the person for education,
treatment, or rehabilitation, without a court hearing or
determination or the concurrence of the district attorney, to an
appropriate community program which will accept the person. If the
person is so diverted and referred, the person is not subject to the
fine specified in this subdivision. In any case in which a person is
arrested for a violation of this subdivision and does not demand to
be taken before a magistrate, the person shall be released by the
arresting officer upon presentation of satisfactory evidence of
identity and giving his or her written promise to appear in court, as
provided in Section 40500, and shall not be subjected to booking.
Section: 23222
