Section 23221 - Drinking or smoking or ingesting marijuana while in a motor vehicle upon highway prohibited(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.Amended by Stats 2017 ch 232 (SB 65),s 2, eff. 1/1/2018.EFFECTIVE 1/1/2000. Amended October 10, 1999 (Bill Number: AB 194) (Chapter 723).