California Legal Codes and Statutes

§ 23221

Amended by Stats. 2017, Ch. 232, Sec. 2. (SB 65) Effective January 1, 2018.
(a)A driver shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle upon a highway.
(b)A passenger shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while in a motor vehicle being driven upon a highway.
(c)A violation of this section shall be punished as an infraction.

Cite this section

Cal. Veh. Code § 23221 (2026)
https://ca.codecond.com/codes/veh/division-11-rules-of-the-road/chapter-12-public-offenses/article-2-offenses-involving-alcohol-and-drugs/section-23221

Other sections in Article 2 - Offenses Involving Alcohol and Drugs

§ 23152§ 23152.5§ 23153§ 23154§ 23155§ 23158§ 23213§ 23215§ 23216§ 23217§ 23220§ 23221§ 23222§ 23223§ 23224§ 23225§ 23226§ 23229§ 23229.1

This content is for reference, learning, and study purposes only. All legal text should be verified against the official California Legislative Information website, which is the authoritative source for California law. Data last processed: February 9, 2026.