San Diego cannabis law
Can you drive with weed in your car in California?
Yes, if it stays sealed or in the trunk. Purchases leave a store in an opaque exit bag. Keep product packaging sealed and unopened; an open container belongs in the trunk or where passengers do not sit. No driver or passenger may smoke or eat cannabis in a moving car, and driving under the influence of cannabis is a DUI.
Carrying cannabis home from a dispensary
Stores provide opaque exit bags; that bag does not establish that a product container is sealed. Keep product packaging sealed and unopened. DMV says an open container must be in the trunk or a place where passengers do not sit, away from the passenger area.
No smoking or eating cannabis in the car
Neither the driver nor a passenger may smoke, vape or eat cannabis in a moving vehicle, and consuming cannabis in a vehicle is prohibited even when it is parked. A rideshare or a rental car is no different.
Driving high is a DUI
California prosecutes driving under the influence of cannabis as a DUI, the same offense as driving drunk. No amount of cannabis makes impaired driving lawful. If you have used it, do not drive: take a ride, or wait.
Leaving San Diego by car
Driving north on Interstate 5 or Interstate 15, or west on Interstate 8 from the desert, passes a permanent Border Patrol checkpoint, where federal law applies and California’s does not.
Common questions
Is it illegal to drive high in California?
Yes. Driving under the influence of cannabis is a DUI in California, prosecuted like an alcohol DUI. No amount of cannabis makes impaired driving lawful.
Can my passenger smoke weed while I drive?
No. Neither the driver nor a passenger may smoke or consume cannabis in a moving vehicle, and consuming cannabis in a parked car is prohibited too.
How should I carry cannabis home from the dispensary?
Keep the product container sealed and unopened. Purchases leave the store in an opaque bag. Put any opened container in the trunk or where passengers do not sit.
Can I keep an open bag of weed in the glovebox?
No. Keep an opened container in the trunk or where passengers do not sit, as DMV instructs; the glovebox is in the passenger area.
Sources
- California Highway Patrol — General Order 70.16 — Cannabis laws, enforcement and transportation
- California Department of Motor Vehicles — California Driver’s Handbook — alcohol and drugs
- California Department of Cannabis Control — Text of regulations — identification, exit packaging and delivery, sections 15404, 15413, 15415 and 15416
- San Diego Police Department — Fact Sheet — What to Know About Prop. 64
- U.S. Customs and Border Protection — San Diego Sector stations — San Clemente (Interstate 5), Murrieta (Interstate 15) and Campo (Interstate 8) checkpoints
Read next
- Border Patrol checkpoints and federal land
- Where you can legally consume
- How much you can buy and carry
Updated 2026-10-27. Latest source check 2026-10-27.