California Marijuana Laws (2026): Possession, Limits and Where to Buy

By James Buddsey · Updated October 30, 2026

Yes. Under California marijuana laws, adults 21 and older can legally possess, buy and give away up to 28.5 grams (about 1 ounce) of cannabis and 8 grams of concentrated cannabis, and can grow up to 6 plants per residence. Smoking in public is a $100 infraction, all sales must go through retailers licensed by the Department of Cannabis Control, and the state cannabis excise tax is 15% as of October 2026.

California was the first state to allow medicinal cannabis, in 1996, and Proposition 64 legalized adult use effective November 9, 2016. The rules are mature, but they still trip up visitors, especially on public use, cars, hemp products and state lines. This guide covers the law as of October 2026, with links to the statutes and regulators behind each rule. It is general information, not legal advice.

California Cannabis Laws at a Glance

Is Marijuana Legal in California?

Yes, for adults 21 and over. Proposition 64, the Adult Use of Marijuana Act, took effect on November 9, 2016, legalizing personal possession and home growing for adults, according to the Judicial Council of California.

Medical cannabis came first: California became the first state to allow medicinal use when voters passed the Compassionate Use Act in 1996, the DCC notes. Both markets now operate under one licensing law, the Medicinal and Adult Use Cannabis Regulation and Safety Act, administered by the Department of Cannabis Control (DCC).

Cities and counties keep wide control. Many ban cannabis stores entirely, and the DCC notes that local laws may be stricter than state law. Los Angeles shows how messy local control can get; see the city’s 2012 dispensary ban, its repeal and Proposition D. Cannabis also remains illegal under federal law for adult use, which matters on federal land, at airports and at state borders. Our federal marijuana law guide covers the 2026 rescheduling changes.

How Much Cannabis Can You Possess and Buy in California

Adults 21 and older may possess, transport, buy and give away, without payment, to another adult 21 or older:

• Up to 28.5 grams of cannabis (just over 1 ounce), and
• Up to 8 grams of concentrated cannabis, including concentrates in cannabis products

These amounts come from Proposition 64, codified at Health and Safety Code 11362.1, as summarized by the Judicial Council of California. Cannabis harvested from your own legal plants may be kept above 28.5 grams if it stays at the home where it was grown, in a locked space, under H&S Code 11362.2.

Carrying more than the limit away from home is a misdemeanor for anyone 18 or older, punishable by up to six months in county jail, a fine of up to $500, or both, under H&S Code 11357. People aged 18 to 20 who possess amounts within the limit commit an infraction with a fine of up to $100.

Where You Can and Cannot Use Cannabis in California

State law bans cannabis use in many places under H&S Code 11362.3. Smoking or ingesting cannabis in a public place is an infraction punishable by a fine of up to $100 under H&S Code 11362.4.

Not allowed

• Public places, including streets, sidewalks, parks and beaches
• Anywhere smoking tobacco is prohibited, such as restaurants and bars
• Within 1,000 feet of a school, day care center or youth center while children are present, except at a private residence where the smoke cannot be detected
• While driving or riding in any vehicle, boat or aircraft
• Federal land, including national parks such as Yosemite and Joshua Tree, national forests and military bases

Allowed

• Private residences and private property, if the owner allows it; landlords may ban smoking in leases
• Licensed consumption sites operating under Business and Professions Code 26200, which H&S Code 11362.3 exempts from the public-use ban, where local rules allow them

Most hotels do not allow cannabis in rooms, the DCC says, so ask before booking a hotel or vacation rental.

Buying Cannabis in California: Retailers, Delivery and ID

• Licensed stores only: Every cannabis retailer must hold a DCC license. You can check any store with the DCC license search.
• Delivery and pickup: The DCC lists three legal ways to buy: order online for in-store pickup, order online for delivery, or visit a store.
• ID: Adult-use customers must be 21 or older with valid government photo ID. Out-of-state driver’s licenses and passports are accepted, so tourists can buy.
• Hemp products: Until new DCC rules take effect, licensed cannabis retailers may not sell hemp products.

Visitors arriving from the north can compare Oregon’s rules in our Oregon dispensary directory, but remember that cannabis bought in Oregon cannot legally be brought into California.

Medical Cannabis in California

Patients 18 and older need a recommendation from a California physician. With it, they can buy at licensed retailers that serve medicinal customers and may possess more than adult-use customers.

• Possession: up to 8 ounces of dried cannabis per qualified patient, or more if a physician recommends it, under H&S Code 11362.77.
• Plants: up to 6 mature or 12 immature plants per patient, subject to local rules.
• Age: 18 to 20 year olds can buy at medicinal retailers with a physician’s recommendation.

Visitors 21 and older do not need a California medical recommendation to buy; they can shop under the adult-use rules.

Growing Cannabis at Home in California

Adults 21 and older may grow up to 6 living plants per private residence, not per person, under H&S Code 11362.2. The plants and any harvest above 28.5 grams must be kept in a locked space at the residence and not be visible from a public place.

Cities and counties may regulate home growing. They cannot fully ban growing inside a home or a fully enclosed, secure accessory structure, but they can ban outdoor growing. Some require permits. If you turn your harvest into concentrates, the DCC warns that you may not use volatile solvents such as butane or propane.

Driving and Cannabis in California

Under H&S Code 11362.3, it is illegal to smoke or ingest cannabis while driving or riding in a vehicle, and to have an open container or open package of cannabis in the passenger area. Keep cannabis sealed or in the trunk.

Driving while impaired by cannabis is illegal, and officers can run sobriety tests if they suspect cannabis impairment, the DCC says.

Crossing State Lines, Airports and Federal Land

You cannot take cannabis across state lines, even into Oregon, Nevada or Arizona, where adult use is also legal. Cannabis is illegal on federal land, including national parks, and the state DCC says so directly. TSA follows federal law and refers cannabis found at screening to local police.

Cannabis Taxes in California

Retail cannabis purchases carry a 15% state excise tax on gross receipts, according to the California Department of Tax and Fee Administration. The rate rose to 19% on July 1, 2025, then returned to 15% on October 1, 2025, under AB 564, which also delays the next rate adjustment until fiscal year 2028–29. State and local sales tax applies on top, and many cities add their own cannabis business taxes, so the final price varies by city.

Hemp, Delta-8 and THC Products in California

California treats any hemp product with a detectable amount of THC as intoxicating. Under AB 8, signed October 2, 2025, the state bans hemp products with synthetic cannabinoids, inhalable hemp such as vapes and pre-rolls, hemp flower and alcoholic drinks with hemp cannabinoids, according to the DCC.

• Since January 1, 2026: state and local agencies can pull illegal intoxicating hemp products from shelves and issue fines.
• From January 1, 2028: intoxicating hemp products must be made, tested and sold like cannabis, through licensed businesses, and will carry the cannabis excise tax, according to CDTFA.

Federal hemp rules tighten too. A November 2025 federal law caps finished hemp products at 0.4 mg total THC per container and excludes synthesized cannabinoids, effective November 12, 2026, for cannabinoids the plant cannot naturally produce, such as THC-O, and December 11, 2026, for everything else, including delta-8 made from CBD.

Clearing Old Marijuana Records

Proposition 64 lets people with past convictions for conduct it legalized ask a court to dismiss and seal those convictions, or reduce them to misdemeanors or infractions. People still serving sentences can petition for resentencing, according to the Judicial Council of California.

What Changed in California Cannabis Law Recently

• Excise tax cut (October 2025): AB 564 returned the excise tax to 15% after a three-month increase to 19%.
• Hemp crackdown (2026): AB 8 enforcement powers took effect January 1, 2026; full integration of intoxicating hemp into the cannabis market follows on January 1, 2028.
• Federal rescheduling (April 2026): Cannabis held under a state medical license moved to Schedule III. California’s adult-use market remains Schedule I under federal law, and CDTFA says the change does not alter state tax rules. See our federal law guide.

California Marijuana Laws FAQ

More State Cannabis Law Guides

Compare California with every other state in our state cannabis law guides and read our federal marijuana law guide. Neighboring states: Oregon and Arizona. Driving north? Find licensed stores in our Oregon dispensary directory.

Neighboring state guides: Oregon · Nevada · Arizona · All state cannabis laws

General information about California cannabis law as of October 2026, not legal advice.