California Marijuana Laws (2026 Update)
Fast, affordable telehealth with doctors who put patients first. Get qualified online today.
Is Marijuana Legal in California in 2026?
Marijuana is legal for both medical and recreational use in the State of California. In 2016, California voters passed Proposition 64, officially known as the Adult Use of Marijuana Act (AUMA), which legalized recreational cannabis for adults 21 and older. Legal recreational sales began in California in January 2018. Medical marijuana has been legal since 1996 under the Compassionate Use Act (Proposition 215). Note that while state law permits cannabis use, federal law still classifies marijuana as a Schedule I controlled substance, and federal prohibition remains in effect.”
California Marijuana Possession Laws
Adults 21 and older may legally possess up to one ounce (28.5 grams) of cannabis flower and up to 8 grams of concentrated cannabis for recreational use.” Medical patients registered under the MMICP may possess up to 8 ounces of dried cannabis under HSC §11362.77, which is significantly higher than the recreational limit.
California Marijuana Cultivation Laws
Adults 21 and older may cultivate up to six plants per residence for personal use. All plants and any harvest exceeding one ounce must be kept in a locked space not visible from a public place. Medical patients under the MMICP may cultivate up to 6 mature or 12 immature plants per qualified patient under HSC §11362.77, with higher amounts permitted if recommended by a physician. Local ordinances may impose additional restrictions on outdoor cultivation.
California Marijuana Penalties
Penalties for cannabis violations in California include: possession above the legal limit is generally an infraction or misdemeanor; possession on school grounds is a misdemeanor ($250 fine for adults); unlicensed sale to a minor is prosecuted under HSC §11361 and carries heavier penalties; and cultivation above the legal limit may result in fines and criminal charges under HSC §11358. Trafficking or large-scale unlicensed distribution carries the most serious penalties under HSC §11359.
Who Can Recommend Medical Marijuana in California?
In California, medical marijuana recommendations must be made by a licensed physician holding an active, unrestricted license issued by the Medical Board of California, the Osteopathic Medical Board of California, or the California Board of Podiatric Medicine. Physicians are not “authorized” by CDPH — they must hold a valid state medical license. Patients who obtain a physician recommendation may optionally register with the Medical Marijuana Identification Card Program (MMICP), administered by the California Department of Public Health (CDPH), to receive their official MMIC.
PROUDLY FEATURED IN
Common Questions About Marijuana Laws in California
Can you smoke marijuana in public in California?
No. Cannabis consumption in public is prohibited under California law. It is permitted in private residences or at licensed on-site consumption lounges where authorized by local ordinance. As of January 2025, licensed cannabis consumption lounges have begun opening across California.
Can anyone go to a dispensary in California?
Yes. Adults 21 and older with a valid government-issued photo ID may purchase cannabis from licensed dispensaries. Patients under 21 require a valid medical marijuana card or physician recommendation to access dispensaries. Retail oversight falls under the California Department of Tax and Fee Administration (CDTFA) and the Department of Cannabis Control (DCC).
Is marijuana a felony in California?
Simple possession above the legal limit is generally treated as a misdemeanor in California, not an automatic felony. However, possession with intent to sell can become a felony if the individual has prior convictions for certain serious violent offenses, has two or more prior misdemeanor convictions for marijuana possession for sale, or possessed marijuana for sale in connection with a knowing sale to someone under 18.
What happens if you get caught with marijuana in California?
Minor possession violations are typically treated as an infraction in California. Possession of more than one ounce may result in fines and criminal charges under the California Uniform Controlled Substance Act (HSC §11359).
Are edibles legal in California?
Is CBD legal in California?
Yes. CBD products derived from hemp with less than 0.3% THC are legal in California.