Under California marijuana laws, adults 21 and older can possess up to an ounce of cannabis flower, grow up to six plants at home, buy from licensed retailers, and share small amounts with other adults, but public consumption, driving under the influence, unlicensed selling, and anything that crosses onto federal land or into federally regulated activity remain illegal. The useful question isn’t whether cannabis is legal in California. It’s where the lines actually sit.
How Much You Can Have and Share
If you’re 21 or older, you can carry up to 28.5 grams of cannabis flower (about one ounce) and up to 8 grams of concentrated cannabis such as wax, shatter, or resin. You can give those same amounts to another adult 21 or older, provided no money or anything of value changes hands.1California Legislative Information. California Health and Safety Code HSC 11362.1 The gifting rule catches people. The moment you accept a donation, a trade, or a bundled payment of any kind, you’ve moved into unlicensed selling.
Go over the limit and penalties scale fast. Anyone 18 or older with more than 28.5 grams of flower or more than 8 grams of concentrate faces a misdemeanor punishable by up to six months in county jail, a fine up to $500, or both. People under 18 generally face counseling and community service. Those aged 18 to 20 who hold otherwise-legal amounts face an infraction with a fine up to $100, because the 21-and-older floor is for recreational use.2California Legislative Information. California Health and Safety Code HSC 11357
Qualified medical patients operate under the Compassionate Use Act of 1996 and can possess larger quantities if their medical needs justify it. Holders of a state-issued Medical Marijuana Identification Card are exempt from state and local sales tax on their purchases, though the cannabis excise tax still applies.3State of California – Department of Justice – Office of the Attorney General. Medicinal Cannabis Guidelines4California Department of Tax and Fee Administration. An Overview of California Sales and Use Tax and Cannabis Tax Laws
Where You Can Legally Use It
Consuming cannabis in any public place is an infraction carrying a fine of up to $100.5California Legislative Information. California Health and Safety Code HSC 11362.3 Smoking cannabis is also prohibited anywhere tobacco smoking is banned, which covers most indoor workplaces, restaurants, and bars.
Rules tighten around children. Smoking within 1,000 feet of a school, day care center, or youth center while children are present is illegal. The one carve-out: you can consume inside a private residence inside that 1,000-foot radius, as long as the smoke or vapor isn’t detectable on the school or day care grounds.5California Legislative Information. California Health and Safety Code HSC 11362.3
Licensed consumption lounges are the main exception to the public-use ban. State law lets specially licensed businesses allow on-site consumption, but not every city permits them, and the lounges that exist operate under strict ventilation, food service, and age-verification rules.
Private property owners and landlords keep full authority to ban cannabis on their premises.6California Legislative Information. California Health and Safety Code HSC 11362.45 A “no smoking” or “no drugs” clause in your lease is enforceable regardless of what state law permits. Read your lease before assuming home is a safe harbor.
Growing at Home
Adults 21 and older can grow up to six living cannabis plants per private residence. That’s a household cap, not a per-person cap. Two roommates share the same six-plant ceiling. Plants have to be kept in a locked area not visible from any public place.7California Legislative Information. California Health and Safety Code HSC 11362.2
Local governments can impose reasonable regulations on home cultivation, but they cannot ban indoor growing entirely inside a private residence or a fully enclosed and secure accessory structure like a greenhouse or locked shed. Outdoor growing is different: cities and counties can prohibit it altogether, and many do. Check the local ordinance before planting anything in a backyard.
Growing more than six plants is a misdemeanor for anyone 18 or older, with up to six months in jail and a $500 fine. The charge can become a felony when the cultivation causes environmental damage, such as illegal water diversion, hazardous waste, or harm to waterways, or if you have certain prior convictions.8California Legislative Information. California Health and Safety Code HSC 11358
Buying From a Licensed Retailer
Legal purchases have to go through a retailer licensed by the Department of Cannabis Control. Licensed shops can sell between 6:00 a.m. and 10:00 p.m., though some cities set tighter windows.9Department of Cannabis Control. Retail You’ll need a valid government-issued photo ID proving you’re at least 21.
Taxes stack. California imposes a 15 percent cannabis excise tax on the gross receipts of every retail sale.10California Department of Tax and Fee Administration. Cannabis Retailers with Cannabis Businesses Standard state and local sales tax applies on top of that, with a statewide base rate of 7.25 percent plus district taxes that push the effective rate higher.11California Department of Tax and Fee Administration. Tax Facts for Cannabis Businesses Many cities add their own local cannabis business taxes. Combined, you can easily pay 30 percent or more on a purchase.
Delivery is legal through licensed retailers. One practical note: most dispensaries still run as cash-heavy businesses because federal banking rules haven’t caught up with state legalization. Expect on-site ATMs and plan to bring cash.
Cannabis and Driving
Open cannabis in a vehicle is treated like open alcohol. Driving or riding as a passenger with an opened or unsealed cannabis product is an infraction punishable by a fine of up to $100.12California Legislative Information. California Vehicle Code VEH 23222 Opened products belong in the trunk, out of reach of the driver and passengers. Sealed containers can ride in the cabin.
Driving under the influence of cannabis carries the same weight as an alcohol DUI. Officers use field sobriety tests and chemical evaluations, and a conviction brings license suspension, mandatory DUI education, potential jail time of up to six months for a first offense, and fines well above $1,000 once court costs and assessments are included.13California Department of Motor Vehicles. California Driver Handbook – Alcohol and Drugs There is no legal per-se THC limit, so enforcement rests on observed impairment.
Commercial drivers face a stricter regime. Federal Department of Transportation rules classify cannabis as prohibited for anyone holding a commercial driver’s license, regardless of California law. A medical marijuana card provides no exemption, and a positive THC test triggers immediate removal from driving duties.
Workplace Protections for Off-Duty Use
Assembly Bill 2188 and Senate Bill 700, both effective January 1, 2024, added Section 12954 to the Government Code and made it illegal for employers to discriminate against workers or job applicants based on cannabis use during personal time away from the workplace.14California Legislative Information. California Government Code Section 12954 Employers can no longer rely on hair or urine tests that detect non-psychoactive cannabis metabolites, which can linger for weeks and say nothing about current impairment. SB 700 also bars employers from asking applicants about prior cannabis use during the hiring process.15LegiScan. California Senate Bill SB700 – 2023-2024 Regular Session
Employers can still test for active THC using methods that reflect recent use, and they can still discipline anyone who shows up impaired or possesses cannabis on the job. Several categories of workers fall outside the new protections:
- Workers in the building and construction trades, who are explicitly excluded from the nondiscrimination provisions.14California Legislative Information. California Government Code Section 12954
- Jobs requiring a federal background investigation or security clearance under Department of Defense regulations, which stay subject to federal drug-free workplace standards.
- Federal contractors and grantees, which must maintain drug-free workplaces under the Drug-Free Workplace Act of 1988.16U.S. Department of Labor. Drug-Free Workplace Regulatory Requirements
The Line Between Gifting and Selling
Possessing cannabis with intent to sell without a state license is a misdemeanor for anyone 18 or older, carrying up to six months in jail and a $500 fine. The charge jumps to a potential felony if you have certain prior violent or sex-offense convictions, two or more prior unlicensed sales convictions, or if the sale involved a minor. Anyone 21 or older who knowingly uses a person 20 or younger in the selling operation also faces felony exposure.17California Legislative Information. California Health and Safety Code HSC 11359 “Donations,” trades for goods, and giveaways bundled into the price of something else all count as selling.
Where Federal Law Still Governs
Cannabis remains a Schedule I controlled substance under federal law, and that creates three traps that state legalization does not fix.
Firearms
Federal law prohibits anyone who is “an unlawful user of or addicted to any controlled substance” from possessing firearms or ammunition.18Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts Every California cannabis user falls into that category for purposes of federal gun law. ATF Form 4473, the form you complete when buying a firearm from a dealer, asks directly whether you use marijuana and warns that state legalization does not change the federal prohibition.19Bureau of Alcohol, Tobacco, Firearms and Explosives. Firearms Transaction Record Answering “no” while using cannabis is a federal felony. Holding a medical marijuana card by itself is treated as evidence of current use by the FBI’s background check system.
Federally Assisted Housing
HUD requires public housing agencies and owners of federally assisted housing to deny admission to anyone currently using marijuana. Current tenants can face eviction. Medical marijuana is not recognized as a reasonable accommodation in federal housing, so a valid California recommendation won’t protect you.20U.S. Department of Housing and Urban Development. Use of Marijuana in HUD-Assisted Housing Enforcement varies by housing authority, but the authority to deny or terminate assistance exists.
Federal Land and Airports
National parks, national forests, military installations, VA medical centers, and federal courthouses all sit under federal jurisdiction. Possessing any amount of cannabis on federal land is a crime punishable by up to one year in prison and a minimum $1,000 fine for a first offense.21Office of the Law Revision Counsel. 21 U.S.C. 844 – Penalties for Simple Possession That reach includes Yosemite, Joshua Tree, and dozens of national forests.22U.S. Forest Service. Cannabis Use on National Forest System Lands Airports and aircraft also fall under federal jurisdiction. TSA focuses on security threats rather than drug enforcement, but officers are required to report suspected federal violations to law enforcement when they find cannabis during screening. What happens next depends on the responding officer and the airport. Flying internationally with cannabis is a serious criminal offense in nearly every country.
Clearing Old Cannabis Convictions
Proposition 64 created a path for people with prior marijuana convictions to have those records reduced, dismissed, or sealed. If you’re currently serving a sentence for conduct Prop 64 made legal or reclassified, you can petition the sentencing court for resentencing. If you’ve already finished the sentence, you can apply to have the conviction dismissed and sealed or redesignated as a lower-level offense.23California Courts. Proposition 64 – The Adult Use of Marijuana Act
Most of this relief is now automatic. Assembly Bill 1793 required the state Department of Justice to review its criminal history database and flag qualifying convictions, and Assembly Bill 1706 required courts to grant that relief by March 2023 in cases where prosecutors did not object. If you believe you have an eligible conviction that was missed, you can still file a petition directly with the court that handled the case.