Delta-9 THC is legal in California through two separate channels. Adults 21 and older can buy cannabis products at any potency from state-licensed dispensaries, and hemp-derived products containing no more than 0.3% Delta-9 THC on a dry weight basis can be sold by a wider range of retailers, subject to strict per-serving and per-package limits. California layers its own rules on top of federal hemp law, and a federal law taking effect in November 2026 will tighten the hemp side further. If you want to buy, carry, or sell these products in California, the rules below are what govern you today.
Buying From a Licensed Dispensary
Cannabis products with Delta-9 THC above the 0.3% federal hemp threshold can only be sold through state-licensed dispensaries to adults 21 and older. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) governs licensing, oversight, and enforcement for those businesses.1Department of Cannabis Control. Californias Cannabis Laws
Licensed dispensaries sell flower, concentrates, edibles, and other products that go through mandatory testing and labeling before reaching consumers. Buying from an unlicensed source is illegal regardless of the product’s THC content.
How Much You Can Possess and Grow
Adults 21 and older can possess up to 28.5 grams of cannabis flower or up to 8 grams of concentrated cannabis, or both, without penalty. Going over those amounts is a misdemeanor carrying up to six months in county jail, a fine of up to $500, or both.2California Legislative Information. California Health and Safety Code HSC 11357
You can also grow up to six plants per household for personal use. Selling any amount of cannabis without a state license is a misdemeanor with the same potential penalties. These possession limits apply to cannabis products regulated under MAUCRSA, not to hemp-derived products that stay within the 0.3% Delta-9 threshold.
Hemp-Derived Delta-9 Products Sold Outside Dispensaries
California allows the sale of hemp-derived cannabinoid products through general retailers, but it imposes some of the strictest THC limits in the country. Two laws shape this market: Assembly Bill 45 (2021) and Assembly Bill 2223 (2024).
AB 45: Registration, Testing, and Labeling
AB 45, signed in October 2021, established that food, beverages, dietary supplements, cosmetics, and pet food are not considered adulterated simply because they contain industrial hemp or hemp-derived cannabinoids like CBD. It created a registration process for hemp manufacturers under the State Department of Public Health.3California Legislative Information. AB-45 Industrial Hemp Products Products must carry a label, scannable barcode, website link, or QR code that connects to a certificate of analysis from an independent testing lab, so you can verify THC content and check for contaminants.
AB 2223: Tight Caps and a Synthetic Ban
AB 2223, passed in 2024, sharply tightened what hemp-derived products can legally contain. Total THC is capped at 1 milligram per product, with no more than 0.25 milligrams per serving and a maximum of five servings per package.4California Legislative Information. AB-2223 Cannabis Industrial Hemp Those caps are low enough that most hemp-derived Delta-9 THC edibles and beverages sold in other states cannot legally be sold in California.
AB 2223 also banned synthetically derived cannabinoids from hemp products unless the Department of Public Health specifically approves them. The law defines a “synthetically derived cannabinoid” as any substance derived from a chemical reaction that changes the molecular structure of something extracted from the cannabis plant.4California Legislative Information. AB-2223 Cannabis Industrial Hemp That effectively prohibits delta-8 THC, delta-10 THC, and HHC in hemp products sold in California, since those cannabinoids are typically produced through chemical conversion of CBD. You must also be 21 or older to buy hemp food, beverage, or dietary supplement products containing cannabinoids.5Governor of California. Governor Newsom Issues Regulations to Protect Kids From Dangerous and Intoxicating Hemp Products
What Changes in November 2026
A federal law (P.L. 119-37) rewrites the definition of hemp effective November 12, 2026. The current 0.3% Delta-9 THC threshold is being replaced with a 0.3% total THC standard that includes THCA, a precursor that converts to THC when heated.6Congress.gov. Change to Federal Definition of Hemp and Implications for Federal Law That closes a loophole allowing some products with high THCA content to qualify as hemp despite producing significant intoxicating effects.
The new law also caps finished hemp-derived cannabinoid products at 0.4 milligrams of THC per container and excludes products containing cannabinoids that were synthesized or manufactured outside the plant.6Congress.gov. Change to Federal Definition of Hemp and Implications for Federal Law California’s 1-milligram-per-container cap is stricter than most states already, but it still sits above the incoming 0.4-milligram federal ceiling, so the state’s hemp product market will need to adjust when the federal rule takes effect.
Where State Legality Doesn’t Protect You
California’s legalization of Delta-9 THC does not override several federal and state restrictions that catch people off guard.
Driving Under the Influence
Driving while impaired by THC is illegal in California regardless of whether the THC came from a dispensary product or a hemp-derived edible. Unlike alcohol, California does not have a specific THC blood-level threshold that triggers a DUI charge. Prosecutors rely on observed impairment, field sobriety tests, and chemical testing instead. A first drug DUI can cost upward of $10,000 once fines, attorney fees, insurance increases, and restricted licensing are added up.7California Office of Traffic Safety. Drug-Impaired Driving
Federal Drug Testing
The Department of Transportation requires drug testing for safety-sensitive positions, and marijuana stays on the testing panel regardless of state law. That covers commercial truck drivers, pilots, train engineers, bus drivers, ship captains, pipeline workers, and aviation maintenance personnel, among others. The DOT has confirmed that its drug testing regulations and procedures will not change until federal rescheduling is fully implemented.8U.S. Department of Transportation. DOTs Notice on Testing for Marijuana A positive test carries the same consequences whether the THC came from a licensed dispensary or a hemp-derived beverage.
Federal agencies, military branches, and many federal contractors also prohibit cannabis use. State law limits employer discretion for most private-sector jobs, but federal workplace rules operate independently of California’s legalization.
Shipping
USPS allows domestic mailing of hemp and hemp-based products, including CBD, as long as the THC concentration does not exceed 0.3% and the mailer complies with all applicable federal, state, and local laws. Mailers must retain records such as laboratory test results, licenses, or compliance reports for at least two years after the date of mailing.9United States Postal Service. USPS Publication 52 Section 453.37 Hemp-based Products International mailing of hemp products is prohibited. Cannabis products that exceed the 0.3% THC threshold cannot legally be mailed or shipped across state lines under any circumstances, even between two states where cannabis is legal.
Banking
Most major banks still refuse to serve cannabis businesses because marijuana remains federally classified as a controlled substance. That has practical consequences for consumers: many dispensaries operate primarily in cash, though some use cashless ATM systems or state-chartered credit unions. Federal banking reform legislation has been introduced repeatedly but has not passed as of early 2026.
Verifying What You Buy
The FDA has not approved any hemp-derived Delta-9 THC product as a dietary supplement or food additive, and the agency has issued repeated consumer warnings about cannabis-derived products, including alerts about children accidentally ingesting THC-containing food products.10U.S. Food and Drug Administration. FDA Regulation of Cannabis and Cannabis-Derived Products Including Cannabidiol CBD California’s testing and labeling rules under AB 45 and AB 2223 provide some consumer protection at the state level, but there is no federal quality standard for these products. Before buying a hemp-derived product, scan the QR code or barcode on the label and pull up the certificate of analysis. That’s the most reliable way to confirm what’s actually in the bottle or package and whether the product meets California’s caps.