Is marijuana legal in California?
Yes. As of 2026, marijuana is legal in California for adults 21 and older, and for medical patients 18 and older who have a doctor's recommendation.
Status checked November 4, 2026
Contents
Marijuana laws in California
California legalized adult-use marijuana when voters passed Proposition 64 on November 8, 2016. Medical marijuana has been legal since Proposition 215, the Compassionate Use Act, passed in 1996.
Adults 21 and older may possess, transport, buy and give away (without payment) up to 28.5 grams of cannabis and up to 8 grams of concentrated cannabis. They may also grow up to six living plants per private residence. Plants must be in a locked space that cannot be seen from a public place, and cities and counties may regulate home grows and may ban outdoor growing.
Licensed retailers sell to adults 21 and older with a valid government ID. Medicinal retailers may sell to patients 18 and older who have a physician’s recommendation or a county-issued medical marijuana ID card.
Some things are still illegal. Smoking or ingesting cannabis in public is not allowed, except at locally licensed consumption sites. Smoking is banned anywhere tobacco smoking is banned. It is illegal to have an open container in a vehicle or to drive under the influence. Possessing more than the legal limit is a misdemeanor for adults.
Since January 1, 2026, Assembly Bill 8 bans sales of hemp flower, inhalable hemp products, hemp products with synthetic cannabinoids and hemp-infused alcoholic drinks. Marijuana remains illegal under federal law, apart from state-licensed medical marijuana, which moved to Schedule III in April 2026.
What the law says
Legal
- Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than 28.5 grams of cannabis not in the form of concentrated cannabis
- Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than eight grams of cannabis in the form of concentrated cannabis, including as contained in cannabis products
- Possess, plant, cultivate, harvest, dry, or process not more than six living cannabis plants and possess the cannabis produced by the plants
- Smoke or ingest cannabis or cannabis products
Not legal
- Smoke or ingest cannabis or cannabis products in a public place, except in accordance with Section 26200 of the Business and Professions Code.
- Smoke cannabis or cannabis products in a location where smoking tobacco is prohibited.
- Possess an open container or open package of cannabis or cannabis products while driving, operating, or riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation.
- Smoke or ingest cannabis or cannabis products while driving, operating a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation.
Quoted from California Health and Safety Code §11362.1 (Proposition 64).
How old do you have to be to use marijuana in California?
You have to be 21 to buy marijuana in California for adult use. Licensed adult-use retailers may only sell to customers who show a valid government ID proving they are 21 or older. Medical patients can buy at 18. Medicinal retailers may sell to people 18 and older who have a valid government ID plus a physician's recommendation or a county-issued medical marijuana ID card. For people under 21 without medical status, possessing up to 28.5 grams is an infraction, not a crime.
How much marijuana can you have in California?
Adults 21 and older in California can have up to 28.5 grams (about one ounce) of cannabis and up to 8 grams of concentrated cannabis, including concentrate in products like vapes and edibles. Cannabis grown at home from your own six plants can be kept at home beyond 28.5 grams, as long as anything over that amount is in a locked space at the residence. In a car, cannabis must be in a closed container. An open container or open package while driving or riding in a vehicle is illegal.
Where can you buy marijuana in California?
You can buy marijuana in California at state-licensed retailers, including storefronts and licensed delivery services, which are licensed by the Department of Cannabis Control. Adults 21 and older need a valid government ID. Medical patients 18 and older can buy at medicinal retailers with a physician's recommendation or a county-issued medical ID card. Cities and counties can ban or limit cannabis shops, so retail access varies by location. Buying from unlicensed sellers is not legal.
Can you grow marijuana at home in California?
Yes. Adults 21 and older in California can grow up to six living cannabis plants per private residence, not per person. The plants must be inside the home or on its grounds, in a locked space, and not visible from a public place. Cities and counties may set reasonable rules for home grows and may ban outdoor growing completely, but they cannot completely ban growing inside a private residence or a fully enclosed and secure accessory structure. Making concentrates with volatile solvents at home is illegal.
Where can you use marijuana in California?
You can smoke marijuana in California mainly on private property. State law bans smoking or ingesting cannabis in public, and smoking it anywhere tobacco smoking is banned. It is also banned within 1,000 feet of a school, day care center or youth center while children are present, except at a private residence where it cannot be detected on school grounds. Cities may license on-site consumption lounges. Landlords and property owners can ban smoking on their property. Smoking or ingesting cannabis while driving, or as a passenger, is illegal.
How do you get a medical marijuana card in California?
To get a medical marijuana card in California, you first need a recommendation from a physician under the Compassionate Use Act. The state ID card is voluntary and issued through county programs under state law. Applicants must show proof of county residency. Patients 18 and older can buy at medicinal retailers with either the county-issued card or a valid physician's recommendation. A card can also help show patient status to law enforcement.
Can visitors buy or use marijuana in California?
Yes. Out-of-state visitors can buy marijuana in California if they are 21 or older. Prop. 64 has no residency requirement, and licensed adult-use retailers accept any valid government-issued ID showing the buyer is 21 or older. Visitors follow the same possession limits and public-use rules as residents. Taking cannabis out of California across state lines is not protected by state law and remains illegal under federal law.
What are the rules on driving and marijuana in California?
No, you cannot drive high in California. It is illegal to drive under the influence of any drug, including cannabis (Vehicle Code §23152(f)). California has no set THC blood limit, so officers assess impairment. Smoking or ingesting cannabis while driving, or while riding as a passenger, is illegal, and so is having an open container or open package of cannabis in the vehicle.
Can an employer in California fire you for using marijuana?
In most jobs, you can't be fired in California just for using cannabis off the job. Since January 1, 2024, Government Code §12954 bars most employers from penalizing workers or applicants for off-duty use away from work, or for tests that only find nonpsychoactive cannabis metabolites. It does not cover the building and construction trades, jobs that need a federal background check or security clearance, or jobs with drug testing required by state or federal law. Employers can still ban possession, impairment and use at work.
What are the penalties for breaking marijuana laws in California?
Penalties in California depend on age and amount. Adults 18 and older found with more than 28.5 grams of cannabis, or more than 8 grams of concentrate, face up to six months in county jail, a fine of up to $500, or both. People aged 18 to 20 found with up to 28.5 grams commit an infraction with a fine of up to $100. Minors receive drug education and community service. Possessing cannabis on K–12 school grounds during school hours is a misdemeanor for adults. Selling without a state license is a crime.
Are CBD, hemp and delta-8 products legal in California?
CBD is legal in California, but intoxicating hemp products, including delta-8 and THCA flower, have been heavily restricted since January 1, 2026. Under Assembly Bill 8, the state treats a hemp product with any detectable THC as intoxicating and restricts its sale. Hemp flower, inhalable hemp products such as pre-rolls and vapes, products with synthetic cannabinoids and hemp-infused alcoholic drinks cannot be sold. Starting January 1, 2028, intoxicating hemp products can only be sold through licensed cannabis businesses. Separately, a stricter federal hemp definition, with a total-THC standard that counts THCA and a 0.4 mg-per-container cap, takes effect December 11, 2026.
Does federal law still apply in California?
Yes. Federal law still applies in California. Marijuana remains a Schedule I controlled substance under federal law, with one exception: since April 28, 2026, marijuana covered by a state medical marijuana license and FDA-approved marijuana products are in Schedule III. A broader federal rescheduling proceeding was stayed on September 29, 2026, and has no decision date. State law does not change federal rules on federal land, on carrying marijuana across state lines, or on federally required drug testing, such as for DOT-regulated jobs.
Has the law in California changed recently, or is it about to?
Yes, California's law has changed recently. Assembly Bill 8 took effect January 1, 2026. It bans hemp flower, inhalable hemp, synthetic cannabinoids and hemp-infused alcohol, and gave state and local agencies new enforcement powers. From January 1, 2028, intoxicating hemp must be made, tested, taxed and sold through the licensed cannabis market, and the Department of Cannabis Control is writing those rules now. At the federal level, state-licensed medical marijuana moved to Schedule III on April 28, 2026, and new federal hemp limits take effect November 12 and December 11, 2026.
Legislation
- Proposition 64, Health and Safety Code §11362.1
- Health and Safety Code §11362.2 (personal cultivation)
- Health and Safety Code §11362.3 (restrictions)
- Health and Safety Code §11357 (possession penalties)
- Compassionate Use Act of 1996 (Proposition 215), Health and Safety Code §11362.5
- Business and Professions Code §26140 (sales age rules)
- Government Code §12954 (employment protections)
- Assembly Bill 8 (2025), cannabinoids and industrial hemp
Sources (13)
- Proposition 64, Health and Safety Code §11362.1 leginfo.legislature.ca.gov
- Health and Safety Code §11362.2 (personal cultivation) leginfo.legislature.ca.gov
- Health and Safety Code §11362.3 (restrictions) leginfo.legislature.ca.gov
- Health and Safety Code §11357 (possession penalties) leginfo.legislature.ca.gov
- Compassionate Use Act of 1996 (Proposition 215), Health and Safety Code §11362.5 leginfo.legislature.ca.gov
- Business and Professions Code §26140 (sales age rules) leginfo.legislature.ca.gov
- Government Code §12954 (employment protections) leginfo.legislature.ca.gov
- leginfo.legislature.ca.gov
- Assembly Bill 8 (2025), cannabinoids and industrial hemp leginfo.legislature.ca.gov
- cannabis.ca.gov
- dea.gov
- federalregister.gov
- congress.gov
General information, not legal advice. Laws change often, so check with the state's cannabis agency before relying on this.
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