February 4, 2026 ⢠23 mins
Open container laws and marijuana.
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Speaker 1 (00:00):
Everybody knows what open container laws are right for alcohol?
Speaker 2 (00:05):
Right, and you understand why they exist.
Speaker 3 (00:10):
Is it easy to actively be drinking and driving exactly?
Speaker 1 (00:13):
So I could have I could have a bottle of
Jack Daniels on the floorboard behind me.
Speaker 4 (00:21):
I went open container like New Orleans.
Speaker 2 (00:24):
Oh, well that's different. That's different.
Speaker 1 (00:25):
I'm just talking about in vehicles. In vehicle in New Orleans,
it's probably okay in vehicles. But yes, you understand why
that exists, right. Yeah, I could be driving with nobody
else in the car and I could have a bottle
of Jack Daniels on the back seat, on the passenger
seat or whatever. It would be very easy for me
at any point to be able to open the bottle and.
Speaker 2 (00:44):
Drink out of it.
Speaker 1 (00:45):
It would also be very easy for me to have
an open bottle just sitting there and then just kind
of swig it as I go. So you understand why
open container laws exist.
Speaker 3 (00:55):
Yes, I guess we're assuming all of that, but it makes.
Speaker 2 (00:58):
Sense, right, Like I don't. I'll be very honest, like
I don't.
Speaker 1 (01:03):
I definitely and you know what arrests me, But I've
definitely had an open bottle of alcohol in my car
but I don't mean like open that I'm drinking. But
like if I'm going over to like a buddy's house
and I'm bringing a bottle of Jack, I've definitely had
an unsealed bottle that was closed. I'm not swigging Jack
(01:26):
Daniels while I'm driving. I'm not that I'm not doing.
Speaker 3 (01:29):
I thought you were talking about like a wine doggie bag.
Speaker 2 (01:33):
No, but you know what I mean. Like, and I
guess that is against the law. I'm assuming me to go.
Speaker 3 (01:38):
They they call it that I've never done it.
Speaker 2 (01:41):
But is that is that? So is an O?
Speaker 1 (01:44):
I guess I should probably start there? Is what I'm
doing against the law? Is anything that's unsealed considered open container?
Speaker 3 (01:55):
Probably because can't in some jurisdictions. Can't you get in
trouble for weird even Yeah, it can't be in the alcohol.
Speaker 5 (02:03):
No, it has to be in the like the backseat
or a trunk or something like without with not sealed,
not within reach.
Speaker 3 (02:10):
If it's sealed, I thought there was some no way law.
Speaker 1 (02:14):
Oh no, oral sex on Sundays. There's no way. There's
no way. I thought, as long as it's if it's
as long as it's sealed they could sit in my
lap that I don't know.
Speaker 3 (02:30):
No, I always thought there was something with that, but
I can't point to a certain jurisdiction.
Speaker 2 (02:37):
Wait where it has.
Speaker 3 (02:40):
I thought there was something like that. Maybe the legislators
have fixed weird a weird blue law like that.
Speaker 1 (02:49):
Because again, and I may be breaking the law. I'm
not going to drink while I'm driving.
Speaker 3 (02:57):
But it wouldn't wouldn't that give an office sir, say
he swerved and it was not because you've been drinking.
Speaker 2 (03:04):
No, but there was something in the road.
Speaker 3 (03:06):
Yeah, And then they do see Jack Daniels bottle. Isn't
that probable?
Speaker 1 (03:11):
Cause of course it is, yes, And I would understand
it can lead to some trouble. Yeah, No, And I
would understand that if they were like, hey, I need
you to you know, you're swerving here, I'd be like, well,
you didn't see what was in the road, and I
mean big deer the And then they were like, oh,
I see an open bottle of Jack Daniels.
Speaker 2 (03:29):
I would get it.
Speaker 1 (03:30):
Like, I wouldn't be thrilled, but I would understand it.
But I definitely I definitely have done that. But like
if if Jack Jack and I went over this goes
back a couple of weeks to some friend's house for dinner.
Speaker 2 (03:42):
We brought a bottle of wine. It was sealed. Can
that not be in the car? Again, that's dumb.
Speaker 3 (03:48):
I don't know it's sealed. Yes you can. You can
transport alcohol. Did you go crosstrate the state lines? Me? No, no,
but yes you can. But I'm with Diane. I did
think that at some point there was a trunk rule, like.
Speaker 2 (04:03):
In the nineteen twenties for prohibition.
Speaker 3 (04:06):
It seems like you're trying to focus on open container.
Speaker 2 (04:08):
Yes, what do I What is open container? Like? What
is by defit? Line two? Hi, Elliot in the morning.
Speaker 6 (04:15):
Hey, man, Hey, this with Mark Havin.
Speaker 2 (04:17):
Darn Hey good what's going on? Dude?
Speaker 7 (04:19):
Good?
Speaker 6 (04:19):
Hey, So I've been a better j alcohol for over
twenty years now. Generally speaking, the rules that it has
to be out of your reach inside the car if
it's open and unsealed. So it's like say you're in
a hatchback or something being in the you know, the
way back, or in a trunk of a car or
something like that. Now, I mean there's the weird kind
(04:42):
of gray area. From my understanding is you know, sales
reps wholesale sales reps that sort of thing. I mean,
they generally will have things, whether it be in the
backseat or the passenger seat, but sealed in a bag,
so they're not really reachable. So that that's kind of
how they interpret the law as well as it's not
within your reach or easy to get while it's open.
I mean, you can absolutely have an open bottle of
(05:04):
the car, because otherwhyse sales reps wouldn't be able to work.
Speaker 2 (05:07):
Oh that's a good point.
Speaker 1 (05:08):
What about Okay, so take sales reps out now, it's
just it's it's it's just regular people.
Speaker 6 (05:14):
Is thereby I.
Speaker 1 (05:16):
Understand that, But when I when I get pulled over,
I can't go, oh I'm a sales rep for Jack Daniels.
There is there is there is there a differentiation between
sealed and unsealed.
Speaker 7 (05:31):
Yeah.
Speaker 6 (05:31):
I mean if it's sealed, then't you. I mean you
can transport to any alcohol sealed. I mean that that's
that's not open container, that's just a bottle, that's heal.
I mean otherwise, how could you go to the liquor story,
ABC store or whatever to buy something you to get
back to your house?
Speaker 2 (05:44):
Right?
Speaker 1 (05:44):
Okay, two things number one, trunk number two. Why are
you talking down like I'm a goddamn idiot.
Speaker 7 (05:50):
Oh well I'm not.
Speaker 2 (05:51):
I'm not.
Speaker 6 (05:52):
You will work right now?
Speaker 2 (05:53):
Oh okay, okay. I was like, yeah, you may not
see in the zone, but you are. You are, like
the only thing you're not saying at the end, it's stupid.
All right, all right, very good, very good.
Speaker 1 (06:05):
Hey well well you may not know, all right, very good,
thank you, thank you.
Speaker 3 (06:09):
So we got a DM from somebody that said they've
always heard if you fill growlers at a brewery you
have to storm in your trunk to drive home.
Speaker 2 (06:18):
That's a perfect one. That's a perfect one.
Speaker 3 (06:20):
Because are not seal sealed. Even though it's cap it's
not considered and that's risky. I've spilled a growler in
the car sells for a few days.
Speaker 2 (06:29):
The yeah, no, but you can get in trouble for them.
Speaker 1 (06:31):
If I pulled you over, I'd be like, I smell
alcohol in here, I know.
Speaker 2 (06:35):
And what would my next question be as an officer?
Speaker 3 (06:38):
Have you been drinking?
Speaker 1 (06:39):
Yeah?
Speaker 2 (06:39):
Are you a sales rep?
Speaker 4 (06:41):
Then?
Speaker 2 (06:42):
Have you been drinking? Line for hi elliot in the morning?
Speaker 6 (06:48):
Yes, sir, Hey Sam washing, Hey good?
Speaker 2 (06:52):
What can I do for you, sir.
Speaker 8 (06:54):
As a police officer, it depends on the officers themselves.
Them might not give you any crap about having a
cap bottle that has been opened at some point in
the vehicle. Then you've got some that will use that
as probable cause. But typically as long as you're not like,
(07:15):
you know, housing that thing while you're going down the road, right,
you're not going to have any issue with it. Right,
you can have it in the trunk as far as
like a growler goes. I mean, technically it's not sealed,
but it is cap most of time. If it's like
a sitting in the you know, something sitting in the
console with nothing on them, you know, open, they will
(07:36):
get you for that.
Speaker 2 (07:37):
Oh sure, now I understand I have a long straw
and that I put in there. No, no, I understand that.
Speaker 1 (07:42):
And by the way, I'm appreciative of what you're saying.
That for for law enforcement that you know that they'll
you know, they'll kind of look at the at the
scenario and make a decision. But at the end of
the day, there is there is a like there is
a law on the on the books. Does the law
state that are growler has to be in a trunk.
Speaker 8 (08:03):
I have been out of law enforcement for over five years,
so I don't quite remember. But it depends on the office.
Speaker 2 (08:11):
Yeah right, and that's their discretion.
Speaker 1 (08:13):
Like it's the same thing with pulling me over when
I'm speeding, is you know, whether am I getting a warning?
Am I getting a ticket? So I understand the discretion
part of it. I just wanted. I was just trying
a thank you, sir, thank you of what is the
actual law?
Speaker 2 (08:29):
And then I got to ask another question.
Speaker 3 (08:31):
Yes, Tyler Hoby says, yes, I think you are allowed
one open road soda at a time.
Speaker 2 (08:46):
All right, so.
Speaker 1 (08:47):
We've kind of tickled around it a little bit right
out of reach.
Speaker 2 (08:52):
Sealed obviously you're fine.
Speaker 1 (08:55):
Like there are people who will go to dinner and
order a bottle of wine. Although I was just reading
yesterday wine sales are so down. Sorry, like wine sales, Yeah,
I know, and they do point to Diane, but wine
sales are way down. But you can cork a bottle
and take it home. Recork a bottle or something.
Speaker 5 (09:15):
Yeah, yeah, if you if you only have a couple
of glasses and you but it's that's not sealed.
Speaker 1 (09:20):
No cab for the cab the You've got a name
for all of them.
Speaker 2 (09:25):
But you're right, that's not sealed. But I'm not gonna.
I'm not gonna.
Speaker 1 (09:28):
I'm not gonna give you a ticket for an open
container for that.
Speaker 3 (09:32):
Yeah, just don't take SIPs of it while you're driving. Ohob,
he doesn't do wine.
Speaker 2 (09:40):
What is open container for weed?
Speaker 3 (09:45):
You're talking about like bud?
Speaker 4 (09:47):
What?
Speaker 2 (09:47):
I write that on your lip, write that on your list.
Speaker 3 (09:51):
You're you're talking about flour.
Speaker 2 (09:55):
Like a bag y?
Speaker 3 (09:57):
I don't know. Yeah, it comes in a lot of
different form the days, right, is that what you're discussing?
Speaker 2 (10:05):
Can I have an open bag of weed?
Speaker 1 (10:07):
I go to the I go to the store, right,
Uh huh? How much weed can I have within arm's length?
What is open container for weed?
Speaker 3 (10:22):
Are we dealing with dime bags exclusively this? Or are
you talking about like gummies the well?
Speaker 2 (10:29):
I want to separate it. I want to separate it.
Speaker 3 (10:33):
So are they all treated the same?
Speaker 1 (10:35):
Maybe?
Speaker 6 (10:35):
I don't.
Speaker 2 (10:35):
I don't know. I don't know the answer to that.
Speaker 1 (10:39):
Cop pulls me over, and I have I have weed
that's visible and not like.
Speaker 2 (10:46):
In a container, so not in your bag or as
you said it, baggie like it's just there's some on
the seat.
Speaker 4 (10:56):
Just they're laying on the fabric.
Speaker 1 (10:58):
You never smoked a joint like done, like sometimes you
get a little bit of you get a little bit
of a bud bake that will come off, so it's
falling out if you're a budsack the thank you.
Speaker 2 (11:11):
Yes, isn't that a term? But no, it's not. It's
not ballsack? Is is that what I'm thinking of? Ball sack?
Speaker 4 (11:17):
Just say yes, I've never heard budsack.
Speaker 3 (11:20):
No, No, I'm looking that one up. Don't flag me.
Speaker 2 (11:24):
The how much how much flour?
Speaker 1 (11:27):
How much marijuana has to be out in free in
the car before it's considered open?
Speaker 2 (11:36):
Whatever the legal the term is for weed in the.
Speaker 5 (11:41):
Car when they say, just a quick search for Virginia
in particular, any vessel containing marijuana that is not in
the original sealed manufacturers container.
Speaker 4 (11:54):
Right, So you can't just have it laying on the
So I can't.
Speaker 2 (11:59):
I can't have a couple of gummies just sitting on
the seat for me.
Speaker 4 (12:02):
No, And it says uh when.
Speaker 1 (12:04):
You say manufacturer seal, we called that a zipplin.
Speaker 4 (12:09):
Right, which itself seems a little iffy. Right, officer, look
yellow and blue, make green and green.
Speaker 2 (12:18):
It ain't open.
Speaker 3 (12:18):
Come on bro by the way, I was told I
was probably thinking of a dub sack. But I will
respond to that person say, I don't really all back
to any of these. It's just stuff I've heard along
the way in song Hi Elliot the morning, When did
three eleven tell you hydroproducts? Hi?
Speaker 2 (12:38):
Is this?
Speaker 7 (12:40):
Yeah?
Speaker 6 (12:40):
Hi?
Speaker 2 (12:41):
What can I do for you?
Speaker 7 (12:42):
All right? So wag When I was on my boat
and you gotta love it. But when I break up
a little bit of marijuana, I put it in my container.
I was carrying a container and got pulled over on
my boat, handed in to the police man any handed
it right back to.
Speaker 2 (12:59):
Me because.
Speaker 7 (13:04):
I had loved jet so I wasn't like nothing britherwise,
and I guess I didn't have that much on me.
Didn't really tell me, right, they said it's legal, but
it's not publicly like, so you can't be just.
Speaker 2 (13:19):
You can't be piloting a boat and just smoke weed.
Speaker 9 (13:22):
Right.
Speaker 2 (13:22):
I understand that.
Speaker 7 (13:23):
I understand that if I pull off of the cut
and you know, do a little thing, you know it,
you know that's all me. You just can't have it publicly.
Speaker 2 (13:32):
I wonder if the officer two things.
Speaker 1 (13:35):
Number One, you're not the only person that uses a
ZIN container to.
Speaker 2 (13:41):
Also hold weed.
Speaker 1 (13:42):
As a matter of fact, if I said, if you
have a ZIN container that also has weed in it,
stick your arm out the window, you would see millions
of people right now with their arms out the window.
Number two, Is that probable cause to then say, I'm
going to search your boat to see how much how
much weed or or any kind of drugs or paraphernalia
(14:05):
you have on your boat?
Speaker 7 (14:08):
Probably? Well, because you know I was very honest. Who
is the ass I hated this right to him? I
think that's the reason.
Speaker 1 (14:15):
Like you, I would agree with you, I would a
lucky day. No, No, I would agree with that. I
would agree with that. Like, it's not like you have
like half a joint. That's smoke, that's in your that's
in there. You're like, listen, it's just loose. It's loose weed,
like I haven't rolled it yet or anything. It's just
in my Zin's makes my zin smell good.
Speaker 2 (14:34):
But can't you eat? Oh my god, Tyler, stop talking.
Speaker 3 (14:39):
Can't you?
Speaker 2 (14:40):
No?
Speaker 10 (14:41):
I'm change because look I'm thirty eight now, and I
remember when I was about thirteen, I had shame in
same county, had police officers come to my house about
my older brother.
Speaker 7 (14:51):
My father let the police officer in my house. My
mom had a little bit on the table with her pole,
and my mom called a charge over that though.
Speaker 1 (15:00):
Yeah, no, listen. I had a cousin. I had a
cousin who had her apartment broken into. She was like
nineteen years old. She had her apartment broken into, like
bad by people she knew. The cops came and they
were like and she was like, oh, I bet it
was so and so. And they were like, how do
you know that? And she's like, well, they know where
I keep my weed and my weeds. I have some
(15:21):
here and I have some in the bedroom. And they
were like, sweet, let's go.
Speaker 2 (15:27):
And they hauled her ass right out of the apartment.
But you can't do that. You can't do that. All right,
Very good, Thank you, sir, Thank you. Where am I going?
Kristen Line five?
Speaker 11 (15:38):
Hi Joe in the morning, Hi Elliott, it's Jennifer.
Speaker 2 (15:42):
Yes, Jennifer, open container for weed.
Speaker 11 (15:46):
Okay, So how this works in Maryland? And I'm not
sure about bec or any other stake we can we
can sell one point five ounces of flour per day
to someone. You are not allowed to smoke it in
any public area. You can smoke it within your home
or or your property right however, even though if it,
(16:07):
you know, gets to a neighbor and they can claim
they can do something about it as far as open carry,
like I had a boat. I heard the guy with
a boat, right, So it's pretty much the same as alcohol,
only if you're like impaired, and they can tell, right,
they're not concerned about an ounce, They're not concerned about
your gummies. They're not concerned about They're concerned about what
state of mind you're in. Right, Well, yes, it's a
(16:31):
probable cause thing where yes, they could search your boat
and they could find out not a problem at all,
just like with alcohol, that's reason for them to hop
on your boat or in your.
Speaker 8 (16:38):
Car or pull you out.
Speaker 11 (16:40):
But if they see it in your car, like it's
laying there, that packaging that you're talking about, for both
medical and wreck patients is feeled and when we give
it to them, it's labeled from our dispensary with all
of the contents of it.
Speaker 1 (16:56):
And so when I get pulled up, when I get
pulled over for an open bottle of Jack Dane. I
don't think they're calling the plant to make sure it's theirs.
Speaker 3 (17:04):
Here.
Speaker 11 (17:04):
Here's why though, because here's the thing in the in Maryland,
as you know we're here, the medical patients can get
higher THHC quantities than the recreational. Right, So they pull
you over and they see you've got you know, forty
milligram gummies, which is higher than our usual ten right,
right then it needs to be. And let's say you
(17:25):
were impaired. There's all this legal crab following right when
they go to investigate that, they are required our company,
you as a consumer, are required to have the original
packaging with those labels so that it can be identified
and trace to where it came from in case there's
any kind of you know issue, just like with any
(17:46):
other medication, if you know, they could have a recall.
Think of it that way, if they should ever be
an for a recall.
Speaker 1 (17:51):
And by the way, I appreciate everything you're saying, because
obviously you're you're very buttoned up and you know everything.
I go over to well, no, no, but I mean
your knowledge and your knowledgeable I go over, I go
over to my buddy's house, and I'm like, oh, hey,
you got a couple of gummies. I'm out, caught me
a few. I take them, I put them on my seat.
Now they're just playing out. I'm not sealed up.
Speaker 11 (18:13):
Care they and honestly they don't care. You don't even
have to tell them they have it because they have
to be tested.
Speaker 2 (18:18):
Why don't you tell me? Right? All right?
Speaker 1 (18:22):
Very good, very good, very good, Thank you man, thank you.
Speaker 3 (18:28):
You told me to be quiet. I don't know why
you're looking over here. I'm still searching. Can you eat cannabis?
I thought that's what we were drinking at Boys to
Men at United Center today.
Speaker 2 (18:37):
That's a drink that is a drunk that's tonight. So
you're not taking.
Speaker 3 (18:41):
It if you consume raw dog marijuana. Right, So I
still there's the THD is not active.
Speaker 2 (18:51):
Why are you eating it?
Speaker 7 (18:53):
Like?
Speaker 1 (18:53):
What are you in a movie where the cops are
coming into your house and you got to get rid
of it?
Speaker 3 (18:57):
I know that's in my car spilled out.
Speaker 2 (19:02):
Why would you eat weed?
Speaker 9 (19:03):
Because I'm trying to think of a scenario in which
people would be I understand I'm not toking, but in
the car, are there other ways?
Speaker 3 (19:15):
Like if it's a gummy right there.
Speaker 2 (19:17):
You could eat that. Yeah.
Speaker 3 (19:19):
Is that why you wanted to separate those two out?
Speaker 1 (19:21):
No, because it's Here's why I wanted to separate it out.
Here's why I wanted to separate it out. So, as
you can tell, a lot of it is left up
to discretion. Yeah, But the one thing that is constant
probable cause. Okay, I take you to California. This case
went all the way to the state Supreme Court. Ever
(19:47):
since marijuana became legal in the state and several states,
a question that frequently comes up is what counts as
an open container of marijuana.
Speaker 2 (19:58):
According to the California Supreme.
Speaker 1 (19:59):
Court, it's not little bits of weed spilled on the
floor of your car. A Sacramento police officer pulled a
driver over for failing to come to a complete stop
at a stop sign and notice some weed quote crumbs
on the floor of the rear of the car. The
(20:21):
officer then used violation of California's open container law as
a pretext to claim they now had probable cause.
Speaker 2 (20:30):
To search the rest of the car.
Speaker 4 (20:31):
Okay.
Speaker 1 (20:33):
That search turned up an unregistered handgun, which the passenger
was then charged with possessing. Eventually, The case worked its
way up to the California Supreme Court, which ruled that
the driver had not actually violated the state's open container
law by failing to properly vacuum up the small amount
(20:55):
of weed crumbs that had fallen onto the floor in
the back seat. The question before us, the jug the
court was whether a small amount of loose marijuana scattered
on the floor on the rear floor mats of a
car violates the open container provision.
Speaker 2 (21:15):
We the court hold it does.
Speaker 1 (21:17):
Not, And they went on to say that that's not
open container, therefore the search should.
Speaker 2 (21:25):
Have never taken place.
Speaker 1 (21:26):
And even the court was like, there's nobody that's reaching,
but in a reasonable case, nobody is reaching behind them
for you know, a couple of crumbs of weed.
Speaker 2 (21:37):
To do to smoke.
Speaker 1 (21:39):
But boy did that send triggers of people like, wait
a minute, So a couple of a couple of little
a couple of little specs of weed, is that probable cause?
Speaker 2 (21:51):
Listen? Is I have more French fries than that on
my floor that.
Speaker 4 (21:56):
The coup would notice crumbs?
Speaker 5 (21:57):
You know?
Speaker 1 (21:58):
The no, but that but but again, and and that's
what I'm saying, is that's why I wanted to separate
out gummies because if I'm a cop and I see
a gummy laying on the back, that's more than some crumbs.
Speaker 2 (22:11):
And it's also in a form where it's ingestable.
Speaker 1 (22:13):
Now I understand what the woman was saying, they have
to test it to know whether it's th HC or CBD.
Speaker 2 (22:18):
I get that.
Speaker 1 (22:19):
But gummy's sitting on a seat, I would understand probable cause.
But if I was, if I was smoking a joint
and a little bit of bud goes flying and it
goes on the on the floorboard, did I really do anything?
Speaker 2 (22:39):
And the answer is no. Now that's California. I don't know.
I don't know, but no.
Speaker 1 (22:44):
But that gets me back to who is the jackass
with the uh?
Speaker 2 (22:48):
Who with the homeowners association?
Speaker 4 (22:51):
Carbone?
Speaker 2 (22:52):
Was that him? Yes? Frank, like, yeah, who likes to
site legal cases?
Speaker 1 (22:59):
That would be me When I get pulled over in
falls Church, we v state of California read it.
Speaker 3 (23:07):
Yeah, but if you're in Texas, you'll have the judge say,
don't California my Texas, Yes, precedent does.
Speaker 2 (23:17):
Absolutely. I thought that was really fascinating to me.
Speaker 3 (23:21):
Is crumbs the right term?
Speaker 1 (23:24):
Now?
Speaker 4 (23:24):
It sounds like something you would say, thank you.
Speaker 3 (23:26):
Yeah, just checking because it didn't sound right to me.
But you called me out on all my terms.
Everybody knows what open container laws are right for alcohol?
Speaker 2 (00:05):
Right, and you understand why they exist.
Speaker 3 (00:10):
Is it easy to actively be drinking and driving exactly?
Speaker 1 (00:13):
So I could have I could have a bottle of
Jack Daniels on the floorboard behind me.
Speaker 4 (00:21):
I went open container like New Orleans.
Speaker 2 (00:24):
Oh, well that's different. That's different.
Speaker 1 (00:25):
I'm just talking about in vehicles. In vehicle in New Orleans,
it's probably okay in vehicles. But yes, you understand why
that exists, right. Yeah, I could be driving with nobody
else in the car and I could have a bottle
of Jack Daniels on the back seat, on the passenger
seat or whatever. It would be very easy for me
at any point to be able to open the bottle and.
Speaker 2 (00:44):
Drink out of it.
Speaker 1 (00:45):
It would also be very easy for me to have
an open bottle just sitting there and then just kind
of swig it as I go. So you understand why
open container laws exist.
Speaker 3 (00:55):
Yes, I guess we're assuming all of that, but it makes.
Speaker 2 (00:58):
Sense, right, Like I don't. I'll be very honest, like
I don't.
Speaker 1 (01:03):
I definitely and you know what arrests me, But I've
definitely had an open bottle of alcohol in my car
but I don't mean like open that I'm drinking. But
like if I'm going over to like a buddy's house
and I'm bringing a bottle of Jack, I've definitely had
an unsealed bottle that was closed. I'm not swigging Jack
(01:26):
Daniels while I'm driving. I'm not that I'm not doing.
Speaker 3 (01:29):
I thought you were talking about like a wine doggie bag.
Speaker 2 (01:33):
No, but you know what I mean. Like, and I
guess that is against the law. I'm assuming me to go.
Speaker 3 (01:38):
They they call it that I've never done it.
Speaker 2 (01:41):
But is that is that? So is an O?
Speaker 1 (01:44):
I guess I should probably start there? Is what I'm
doing against the law? Is anything that's unsealed considered open container?
Speaker 3 (01:55):
Probably because can't in some jurisdictions. Can't you get in
trouble for weird even Yeah, it can't be in the alcohol.
Speaker 5 (02:03):
No, it has to be in the like the backseat
or a trunk or something like without with not sealed,
not within reach.
Speaker 3 (02:10):
If it's sealed, I thought there was some no way law.
Speaker 1 (02:14):
Oh no, oral sex on Sundays. There's no way. There's
no way. I thought, as long as it's if it's
as long as it's sealed they could sit in my
lap that I don't know.
Speaker 3 (02:30):
No, I always thought there was something with that, but
I can't point to a certain jurisdiction.
Speaker 2 (02:37):
Wait where it has.
Speaker 3 (02:40):
I thought there was something like that. Maybe the legislators
have fixed weird a weird blue law like that.
Speaker 1 (02:49):
Because again, and I may be breaking the law. I'm
not going to drink while I'm driving.
Speaker 3 (02:57):
But it wouldn't wouldn't that give an office sir, say
he swerved and it was not because you've been drinking.
Speaker 2 (03:04):
No, but there was something in the road.
Speaker 3 (03:06):
Yeah, And then they do see Jack Daniels bottle. Isn't
that probable?
Speaker 1 (03:11):
Cause of course it is, yes, And I would understand
it can lead to some trouble. Yeah, No, And I
would understand that if they were like, hey, I need
you to you know, you're swerving here, I'd be like, well,
you didn't see what was in the road, and I
mean big deer the And then they were like, oh,
I see an open bottle of Jack Daniels.
Speaker 2 (03:29):
I would get it.
Speaker 1 (03:30):
Like, I wouldn't be thrilled, but I would understand it.
But I definitely I definitely have done that. But like
if if Jack Jack and I went over this goes
back a couple of weeks to some friend's house for dinner.
Speaker 2 (03:42):
We brought a bottle of wine. It was sealed. Can
that not be in the car? Again, that's dumb.
Speaker 3 (03:48):
I don't know it's sealed. Yes you can. You can
transport alcohol. Did you go crosstrate the state lines? Me? No, no,
but yes you can. But I'm with Diane. I did
think that at some point there was a trunk rule, like.
Speaker 2 (04:03):
In the nineteen twenties for prohibition.
Speaker 3 (04:06):
It seems like you're trying to focus on open container.
Speaker 2 (04:08):
Yes, what do I What is open container? Like? What
is by defit? Line two? Hi, Elliot in the morning.
Speaker 6 (04:15):
Hey, man, Hey, this with Mark Havin.
Speaker 2 (04:17):
Darn Hey good what's going on? Dude?
Speaker 7 (04:19):
Good?
Speaker 6 (04:19):
Hey, So I've been a better j alcohol for over
twenty years now. Generally speaking, the rules that it has
to be out of your reach inside the car if
it's open and unsealed. So it's like say you're in
a hatchback or something being in the you know, the
way back, or in a trunk of a car or
something like that. Now, I mean there's the weird kind
(04:42):
of gray area. From my understanding is you know, sales
reps wholesale sales reps that sort of thing. I mean,
they generally will have things, whether it be in the
backseat or the passenger seat, but sealed in a bag,
so they're not really reachable. So that that's kind of
how they interpret the law as well as it's not
within your reach or easy to get while it's open.
I mean, you can absolutely have an open bottle of
(05:04):
the car, because otherwhyse sales reps wouldn't be able to work.
Speaker 2 (05:07):
Oh that's a good point.
Speaker 1 (05:08):
What about Okay, so take sales reps out now, it's
just it's it's it's just regular people.
Speaker 6 (05:14):
Is thereby I.
Speaker 1 (05:16):
Understand that, But when I when I get pulled over,
I can't go, oh I'm a sales rep for Jack Daniels.
There is there is there is there a differentiation between
sealed and unsealed.
Speaker 7 (05:31):
Yeah.
Speaker 6 (05:31):
I mean if it's sealed, then't you. I mean you
can transport to any alcohol sealed. I mean that that's
that's not open container, that's just a bottle, that's heal.
I mean otherwise, how could you go to the liquor story,
ABC store or whatever to buy something you to get
back to your house?
Speaker 2 (05:44):
Right?
Speaker 1 (05:44):
Okay, two things number one, trunk number two. Why are
you talking down like I'm a goddamn idiot.
Speaker 7 (05:50):
Oh well I'm not.
Speaker 2 (05:51):
I'm not.
Speaker 6 (05:52):
You will work right now?
Speaker 2 (05:53):
Oh okay, okay. I was like, yeah, you may not
see in the zone, but you are. You are, like
the only thing you're not saying at the end, it's stupid.
All right, all right, very good, very good.
Speaker 1 (06:05):
Hey well well you may not know, all right, very good,
thank you, thank you.
Speaker 3 (06:09):
So we got a DM from somebody that said they've
always heard if you fill growlers at a brewery you
have to storm in your trunk to drive home.
Speaker 2 (06:18):
That's a perfect one. That's a perfect one.
Speaker 3 (06:20):
Because are not seal sealed. Even though it's cap it's
not considered and that's risky. I've spilled a growler in
the car sells for a few days.
Speaker 2 (06:29):
The yeah, no, but you can get in trouble for them.
Speaker 1 (06:31):
If I pulled you over, I'd be like, I smell
alcohol in here, I know.
Speaker 2 (06:35):
And what would my next question be as an officer?
Speaker 3 (06:38):
Have you been drinking?
Speaker 1 (06:39):
Yeah?
Speaker 2 (06:39):
Are you a sales rep?
Speaker 4 (06:41):
Then?
Speaker 2 (06:42):
Have you been drinking? Line for hi elliot in the morning?
Speaker 6 (06:48):
Yes, sir, Hey Sam washing, Hey good?
Speaker 2 (06:52):
What can I do for you, sir.
Speaker 8 (06:54):
As a police officer, it depends on the officers themselves.
Them might not give you any crap about having a
cap bottle that has been opened at some point in
the vehicle. Then you've got some that will use that
as probable cause. But typically as long as you're not like,
(07:15):
you know, housing that thing while you're going down the road, right,
you're not going to have any issue with it. Right,
you can have it in the trunk as far as
like a growler goes. I mean, technically it's not sealed,
but it is cap most of time. If it's like
a sitting in the you know, something sitting in the
console with nothing on them, you know, open, they will
(07:36):
get you for that.
Speaker 2 (07:37):
Oh sure, now I understand I have a long straw
and that I put in there. No, no, I understand that.
Speaker 1 (07:42):
And by the way, I'm appreciative of what you're saying.
That for for law enforcement that you know that they'll
you know, they'll kind of look at the at the
scenario and make a decision. But at the end of
the day, there is there is a like there is
a law on the on the books. Does the law
state that are growler has to be in a trunk.
Speaker 8 (08:03):
I have been out of law enforcement for over five years,
so I don't quite remember. But it depends on the office.
Speaker 2 (08:11):
Yeah right, and that's their discretion.
Speaker 1 (08:13):
Like it's the same thing with pulling me over when
I'm speeding, is you know, whether am I getting a warning?
Am I getting a ticket? So I understand the discretion
part of it. I just wanted. I was just trying
a thank you, sir, thank you of what is the
actual law?
Speaker 2 (08:29):
And then I got to ask another question.
Speaker 3 (08:31):
Yes, Tyler Hoby says, yes, I think you are allowed
one open road soda at a time.
Speaker 2 (08:46):
All right, so.
Speaker 1 (08:47):
We've kind of tickled around it a little bit right
out of reach.
Speaker 2 (08:52):
Sealed obviously you're fine.
Speaker 1 (08:55):
Like there are people who will go to dinner and
order a bottle of wine. Although I was just reading
yesterday wine sales are so down. Sorry, like wine sales, Yeah,
I know, and they do point to Diane, but wine
sales are way down. But you can cork a bottle
and take it home. Recork a bottle or something.
Speaker 5 (09:15):
Yeah, yeah, if you if you only have a couple
of glasses and you but it's that's not sealed.
Speaker 1 (09:20):
No cab for the cab the You've got a name
for all of them.
Speaker 2 (09:25):
But you're right, that's not sealed. But I'm not gonna.
I'm not gonna.
Speaker 1 (09:28):
I'm not gonna give you a ticket for an open
container for that.
Speaker 3 (09:32):
Yeah, just don't take SIPs of it while you're driving. Ohob,
he doesn't do wine.
Speaker 2 (09:40):
What is open container for weed?
Speaker 3 (09:45):
You're talking about like bud?
Speaker 4 (09:47):
What?
Speaker 2 (09:47):
I write that on your lip, write that on your list.
Speaker 3 (09:51):
You're you're talking about flour.
Speaker 2 (09:55):
Like a bag y?
Speaker 3 (09:57):
I don't know. Yeah, it comes in a lot of
different form the days, right, is that what you're discussing?
Speaker 2 (10:05):
Can I have an open bag of weed?
Speaker 1 (10:07):
I go to the I go to the store, right,
Uh huh? How much weed can I have within arm's length?
What is open container for weed?
Speaker 3 (10:22):
Are we dealing with dime bags exclusively this? Or are
you talking about like gummies the well?
Speaker 2 (10:29):
I want to separate it. I want to separate it.
Speaker 3 (10:33):
So are they all treated the same?
Speaker 1 (10:35):
Maybe?
Speaker 6 (10:35):
I don't.
Speaker 2 (10:35):
I don't know. I don't know the answer to that.
Speaker 1 (10:39):
Cop pulls me over, and I have I have weed
that's visible and not like.
Speaker 2 (10:46):
In a container, so not in your bag or as
you said it, baggie like it's just there's some on
the seat.
Speaker 4 (10:56):
Just they're laying on the fabric.
Speaker 1 (10:58):
You never smoked a joint like done, like sometimes you
get a little bit of you get a little bit
of a bud bake that will come off, so it's
falling out if you're a budsack the thank you.
Speaker 2 (11:11):
Yes, isn't that a term? But no, it's not. It's
not ballsack? Is is that what I'm thinking of? Ball sack?
Speaker 4 (11:17):
Just say yes, I've never heard budsack.
Speaker 3 (11:20):
No, No, I'm looking that one up. Don't flag me.
Speaker 2 (11:24):
The how much how much flour?
Speaker 1 (11:27):
How much marijuana has to be out in free in
the car before it's considered open?
Speaker 2 (11:36):
Whatever the legal the term is for weed in the.
Speaker 5 (11:41):
Car when they say, just a quick search for Virginia
in particular, any vessel containing marijuana that is not in
the original sealed manufacturers container.
Speaker 4 (11:54):
Right, So you can't just have it laying on the
So I can't.
Speaker 2 (11:59):
I can't have a couple of gummies just sitting on
the seat for me.
Speaker 4 (12:02):
No, And it says uh when.
Speaker 1 (12:04):
You say manufacturer seal, we called that a zipplin.
Speaker 4 (12:09):
Right, which itself seems a little iffy. Right, officer, look
yellow and blue, make green and green.
Speaker 2 (12:18):
It ain't open.
Speaker 3 (12:18):
Come on bro by the way, I was told I
was probably thinking of a dub sack. But I will
respond to that person say, I don't really all back
to any of these. It's just stuff I've heard along
the way in song Hi Elliot the morning, When did
three eleven tell you hydroproducts? Hi?
Speaker 2 (12:38):
Is this?
Speaker 7 (12:40):
Yeah?
Speaker 6 (12:40):
Hi?
Speaker 2 (12:41):
What can I do for you?
Speaker 7 (12:42):
All right? So wag When I was on my boat
and you gotta love it. But when I break up
a little bit of marijuana, I put it in my container.
I was carrying a container and got pulled over on
my boat, handed in to the police man any handed
it right back to.
Speaker 2 (12:59):
Me because.
Speaker 7 (13:04):
I had loved jet so I wasn't like nothing britherwise,
and I guess I didn't have that much on me.
Didn't really tell me, right, they said it's legal, but
it's not publicly like, so you can't be just.
Speaker 2 (13:19):
You can't be piloting a boat and just smoke weed.
Speaker 9 (13:22):
Right.
Speaker 2 (13:22):
I understand that.
Speaker 7 (13:23):
I understand that if I pull off of the cut
and you know, do a little thing, you know it,
you know that's all me. You just can't have it publicly.
Speaker 2 (13:32):
I wonder if the officer two things.
Speaker 1 (13:35):
Number One, you're not the only person that uses a
ZIN container to.
Speaker 2 (13:41):
Also hold weed.
Speaker 1 (13:42):
As a matter of fact, if I said, if you
have a ZIN container that also has weed in it,
stick your arm out the window, you would see millions
of people right now with their arms out the window.
Number two, Is that probable cause to then say, I'm
going to search your boat to see how much how
much weed or or any kind of drugs or paraphernalia
(14:05):
you have on your boat?
Speaker 7 (14:08):
Probably? Well, because you know I was very honest. Who
is the ass I hated this right to him? I
think that's the reason.
Speaker 1 (14:15):
Like you, I would agree with you, I would a
lucky day. No, No, I would agree with that. I
would agree with that. Like, it's not like you have
like half a joint. That's smoke, that's in your that's
in there. You're like, listen, it's just loose. It's loose weed,
like I haven't rolled it yet or anything. It's just
in my Zin's makes my zin smell good.
Speaker 2 (14:34):
But can't you eat? Oh my god, Tyler, stop talking.
Speaker 3 (14:39):
Can't you?
Speaker 2 (14:40):
No?
Speaker 10 (14:41):
I'm change because look I'm thirty eight now, and I
remember when I was about thirteen, I had shame in
same county, had police officers come to my house about
my older brother.
Speaker 7 (14:51):
My father let the police officer in my house. My
mom had a little bit on the table with her pole,
and my mom called a charge over that though.
Speaker 1 (15:00):
Yeah, no, listen. I had a cousin. I had a
cousin who had her apartment broken into. She was like
nineteen years old. She had her apartment broken into, like
bad by people she knew. The cops came and they
were like and she was like, oh, I bet it
was so and so. And they were like, how do
you know that? And she's like, well, they know where
I keep my weed and my weeds. I have some
(15:21):
here and I have some in the bedroom. And they
were like, sweet, let's go.
Speaker 2 (15:27):
And they hauled her ass right out of the apartment.
But you can't do that. You can't do that. All right,
Very good, Thank you, sir, Thank you. Where am I going?
Kristen Line five?
Speaker 11 (15:38):
Hi Joe in the morning, Hi Elliott, it's Jennifer.
Speaker 2 (15:42):
Yes, Jennifer, open container for weed.
Speaker 11 (15:46):
Okay, So how this works in Maryland? And I'm not
sure about bec or any other stake we can we
can sell one point five ounces of flour per day
to someone. You are not allowed to smoke it in
any public area. You can smoke it within your home
or or your property right however, even though if it,
(16:07):
you know, gets to a neighbor and they can claim
they can do something about it as far as open carry,
like I had a boat. I heard the guy with
a boat, right, So it's pretty much the same as alcohol,
only if you're like impaired, and they can tell, right,
they're not concerned about an ounce, They're not concerned about
your gummies. They're not concerned about They're concerned about what
state of mind you're in. Right, Well, yes, it's a
(16:31):
probable cause thing where yes, they could search your boat
and they could find out not a problem at all,
just like with alcohol, that's reason for them to hop
on your boat or in your.
Speaker 8 (16:38):
Car or pull you out.
Speaker 11 (16:40):
But if they see it in your car, like it's
laying there, that packaging that you're talking about, for both
medical and wreck patients is feeled and when we give
it to them, it's labeled from our dispensary with all
of the contents of it.
Speaker 1 (16:56):
And so when I get pulled up, when I get
pulled over for an open bottle of Jack Dane. I
don't think they're calling the plant to make sure it's theirs.
Speaker 3 (17:04):
Here.
Speaker 11 (17:04):
Here's why though, because here's the thing in the in Maryland,
as you know we're here, the medical patients can get
higher THHC quantities than the recreational. Right, So they pull
you over and they see you've got you know, forty
milligram gummies, which is higher than our usual ten right,
right then it needs to be. And let's say you
(17:25):
were impaired. There's all this legal crab following right when
they go to investigate that, they are required our company,
you as a consumer, are required to have the original
packaging with those labels so that it can be identified
and trace to where it came from in case there's
any kind of you know issue, just like with any
(17:46):
other medication, if you know, they could have a recall.
Think of it that way, if they should ever be
an for a recall.
Speaker 1 (17:51):
And by the way, I appreciate everything you're saying, because
obviously you're you're very buttoned up and you know everything.
I go over to well, no, no, but I mean
your knowledge and your knowledgeable I go over, I go
over to my buddy's house, and I'm like, oh, hey,
you got a couple of gummies. I'm out, caught me
a few. I take them, I put them on my seat.
Now they're just playing out. I'm not sealed up.
Speaker 11 (18:13):
Care they and honestly they don't care. You don't even
have to tell them they have it because they have
to be tested.
Speaker 2 (18:18):
Why don't you tell me? Right? All right?
Speaker 1 (18:22):
Very good, very good, very good, Thank you man, thank you.
Speaker 3 (18:28):
You told me to be quiet. I don't know why
you're looking over here. I'm still searching. Can you eat cannabis?
I thought that's what we were drinking at Boys to
Men at United Center today.
Speaker 2 (18:37):
That's a drink that is a drunk that's tonight. So
you're not taking.
Speaker 3 (18:41):
It if you consume raw dog marijuana. Right, So I
still there's the THD is not active.
Speaker 2 (18:51):
Why are you eating it?
Speaker 7 (18:53):
Like?
Speaker 1 (18:53):
What are you in a movie where the cops are
coming into your house and you got to get rid
of it?
Speaker 3 (18:57):
I know that's in my car spilled out.
Speaker 2 (19:02):
Why would you eat weed?
Speaker 9 (19:03):
Because I'm trying to think of a scenario in which
people would be I understand I'm not toking, but in
the car, are there other ways?
Speaker 3 (19:15):
Like if it's a gummy right there.
Speaker 2 (19:17):
You could eat that. Yeah.
Speaker 3 (19:19):
Is that why you wanted to separate those two out?
Speaker 1 (19:21):
No, because it's Here's why I wanted to separate it out.
Here's why I wanted to separate it out. So, as
you can tell, a lot of it is left up
to discretion. Yeah, But the one thing that is constant
probable cause. Okay, I take you to California. This case
went all the way to the state Supreme Court. Ever
(19:47):
since marijuana became legal in the state and several states,
a question that frequently comes up is what counts as
an open container of marijuana.
Speaker 2 (19:58):
According to the California Supreme.
Speaker 1 (19:59):
Court, it's not little bits of weed spilled on the
floor of your car. A Sacramento police officer pulled a
driver over for failing to come to a complete stop
at a stop sign and notice some weed quote crumbs
on the floor of the rear of the car. The
(20:21):
officer then used violation of California's open container law as
a pretext to claim they now had probable cause.
Speaker 2 (20:30):
To search the rest of the car.
Speaker 4 (20:31):
Okay.
Speaker 1 (20:33):
That search turned up an unregistered handgun, which the passenger
was then charged with possessing. Eventually, The case worked its
way up to the California Supreme Court, which ruled that
the driver had not actually violated the state's open container
law by failing to properly vacuum up the small amount
(20:55):
of weed crumbs that had fallen onto the floor in
the back seat. The question before us, the jug the
court was whether a small amount of loose marijuana scattered
on the floor on the rear floor mats of a
car violates the open container provision.
Speaker 2 (21:15):
We the court hold it does.
Speaker 1 (21:17):
Not, And they went on to say that that's not
open container, therefore the search should.
Speaker 2 (21:25):
Have never taken place.
Speaker 1 (21:26):
And even the court was like, there's nobody that's reaching,
but in a reasonable case, nobody is reaching behind them
for you know, a couple of crumbs of weed.
Speaker 2 (21:37):
To do to smoke.
Speaker 1 (21:39):
But boy did that send triggers of people like, wait
a minute, So a couple of a couple of little
a couple of little specs of weed, is that probable cause?
Speaker 2 (21:51):
Listen? Is I have more French fries than that on
my floor that.
Speaker 4 (21:56):
The coup would notice crumbs?
Speaker 5 (21:57):
You know?
Speaker 1 (21:58):
The no, but that but but again, and and that's
what I'm saying, is that's why I wanted to separate
out gummies because if I'm a cop and I see
a gummy laying on the back, that's more than some crumbs.
Speaker 2 (22:11):
And it's also in a form where it's ingestable.
Speaker 1 (22:13):
Now I understand what the woman was saying, they have
to test it to know whether it's th HC or CBD.
Speaker 2 (22:18):
I get that.
Speaker 1 (22:19):
But gummy's sitting on a seat, I would understand probable cause.
But if I was, if I was smoking a joint
and a little bit of bud goes flying and it
goes on the on the floorboard, did I really do anything?
Speaker 2 (22:39):
And the answer is no. Now that's California. I don't know.
I don't know, but no.
Speaker 1 (22:44):
But that gets me back to who is the jackass
with the uh?
Speaker 2 (22:48):
Who with the homeowners association?
Speaker 4 (22:51):
Carbone?
Speaker 2 (22:52):
Was that him? Yes? Frank, like, yeah, who likes to
site legal cases?
Speaker 1 (22:59):
That would be me When I get pulled over in
falls Church, we v state of California read it.
Speaker 3 (23:07):
Yeah, but if you're in Texas, you'll have the judge say,
don't California my Texas, Yes, precedent does.
Speaker 2 (23:17):
Absolutely. I thought that was really fascinating to me.
Speaker 3 (23:21):
Is crumbs the right term?
Speaker 1 (23:24):
Now?
Speaker 4 (23:24):
It sounds like something you would say, thank you.
Speaker 3 (23:26):
Yeah, just checking because it didn't sound right to me.
But you called me out on all my terms.
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Betrayal Season 5
Saskia Inwood woke up one morning, knowing her life would never be the same. The night before, she learned the unimaginable â that the husband she knew in the light of day was a different person after dark. This season unpacks Saskiaâs discovery of her husbandâs secret life and her fight to bring him to justice. Along the way, we expose a crime that is just coming to light. This is also a story about the myth of the âperfect victim:â who gets believed, who gets doubted, and why. We follow Saskia as she works to reclaim her body, her voice, and her life. If you would like to reach out to the Betrayal Team, email us at betrayalpod@gmail.com. Follow us on Instagram @betrayalpod and @glasspodcasts. Please join our Substack for additional exclusive content, curated book recommendations, and community discussions. Sign up FREE by clicking this link Beyond Betrayal Substack. Join our community dedicated to truth, resilience, and healing. Your voice matters! Be a part of our Betrayal journey on Substack.