In California, adults 21 and older can legally use cannabis, alcohol, tobacco and nicotine products, prescription medications when prescribed, most over-the-counter drugs, and hemp-derived CBD products that contain no detectable THC. Psychedelics, kratom, and controlled substances held without a prescription remain illegal under state law, and federal law adds its own restrictions that can override California’s permissions in specific situations like firearm ownership and federally subsidized housing.
Cannabis
Adults 21 and older can possess up to 28.5 grams of cannabis flower and up to eight grams of concentrated cannabis such as vape cartridges or edibles. You can grow up to six living plants at home for personal use and give cannabis to other adults for free, but selling it without a license is illegal.1California Legislative Information. California Code Health and Safety Code 11362.1
Going over those limits matters. Possessing more than 28.5 grams of flower or more than eight grams of concentrate can bring up to six months in county jail, a fine of up to $500, or both.2California Legislative Information. California Code Health and Safety Code 11357 Growing more than six plants carries the same baseline penalty and can escalate to a felony with certain prior convictions or environmental damage.3California Legislative Information. California Code Health and Safety Code 11358
Patients with a physician’s recommendation can possess and cultivate more than the recreational limits when medically necessary, and the medical program still offers access to higher-potency products and potential tax exemptions. Local ordinances govern cultivation specifics, so what’s allowed varies by city and county.
Where you consume matters as much as how much you have. Public consumption is an infraction with a fine of up to $100.4California Department of Public Health. Adult Use Cannabis Penalties Health and Safety Code Section 11362.3 also prohibits cannabis use anywhere tobacco smoking is banned, within 1,000 feet of a school, daycare, or youth center while children are present (unless you’re inside a private residence and the smoke isn’t detectable outside), and in any vehicle, where you can’t even have an open container as a passenger.5Department of Industrial Relations. California Code Health and Safety Code 11362.3 Driving under the influence of cannabis is illegal, and there’s no set THC blood-level threshold the way there is for alcohol; law enforcement can charge you based on observable impairment alone.6California Legislative Information. California Code VEH 23152
Alcohol and Tobacco
Both are legal for adults 21 and older. The tobacco purchase age of 21 matches federal law and applies to all tobacco and nicotine products, including e-cigarettes and vaping devices, with no military exemption.7U.S. Food and Drug Administration. Tobacco 21
Furnishing alcohol to someone under 21 is a misdemeanor. A standard violation brings a $250 fine or 24 to 32 hours of community service, furnishing to a minor carries a $1,000 fine and at least 24 hours of community service, and if the minor is seriously injured or killed, penalties climb to six months to one year in county jail, a fine of up to $3,000, or both.8California Legislative Information. California Code BPC 25658
Public intoxication is a misdemeanor under the state’s disorderly conduct statute, though officers are directed to place intoxicated individuals into civil protective custody at a treatment facility rather than arrest them when reasonably possible.9California Legislative Information. California Code PEN 647 Smoking tobacco and e-cigarettes is prohibited in enclosed workplaces statewide.10California Legislative Information. California Code LAB 6404.5
Prescription Medications
Prescription drugs are legal to possess and use when you have a valid prescription from a licensed healthcare provider. That covers antibiotics, blood pressure medications, opioid painkillers, stimulants, and everything in between. The prescription itself is what makes possession lawful.
Without one, possessing a controlled substance is a misdemeanor under Health and Safety Code Section 11350, punishable by up to one year in county jail, and the court can add a fine of up to $70. If the case is charged as a felony (which requires specific prior convictions for serious or violent offenses), probation conditions include a minimum $1,000 fine for a first offense and $2,000 for any subsequent offense.11California Legislative Information. California Code Health and Safety Code 11350
Over-the-Counter Medications
Most OTC products, including pain relievers, cold medicines, and antacids, are legal for anyone to buy and use as directed. The notable exception is products containing pseudoephedrine, ephedrine, or phenylpropanolamine, which can be used to manufacture methamphetamine. Retailers cannot sell more than three packages or nine grams of these products in a single transaction, and sales to anyone under 18 are prohibited entirely. A first violation is a misdemeanor; a subsequent conviction carries up to one year in county jail, a fine of up to $10,000, or both.12California Legislative Information. California Code Health and Safety Code 11100
Hemp-Derived CBD
Assembly Bill 45 legalized hemp-derived CBD in food, beverages, dietary supplements, and cosmetics, provided the products meet testing and manufacturing standards and the hemp comes from a state or country with an approved industrial hemp program.13California Legislative Information. Assembly Bill 45 – Industrial Hemp Products
California draws a hard line on intoxicating hemp. Retailers cannot sell any industrial hemp food, beverage, or dietary product for human consumption if it contains any detectable amount of THC or other intoxicating cannabinoids per serving. Sales of hemp-derived edible products are restricted to buyers 21 and older, and packages are capped at five servings. CBD products with no detectable THC remain legal.14California Department of Public Health. California’s Ban on Intoxicating Hemp Products Now in Effect
Nitrous Oxide
Nitrous oxide is legal to buy and sell for legitimate purposes like food preparation (whipped cream chargers) and medical or dental procedures. Possessing it with the intent to inhale it for intoxication is illegal, and knowingly selling it to someone who plans to inhale it recreationally is also a crime. Distributors must document every transaction, collect the buyer’s signature and ID, and warn the buyer that recreational inhalation is dangerous and illegal. Violating the distribution rules is a misdemeanor punishable by up to six months in county jail, a fine of up to $1,000, or both.15California Legislative Information. California Code PEN 381e
What’s Still Illegal
Kratom
Although kratom is legal in many other states, selling or manufacturing it for human consumption is illegal in California. The California Department of Public Health issued a statewide consumer warning in October 2025, and the Governor’s office reported 95 percent retailer compliance with the ban. Businesses that keep selling kratom products risk administrative penalties including suspension or revocation of their licenses.16Office of Governor Gavin Newsom. Governor Newsom Announces 95% Compliance With Prohibition of Illegal Kratom Products
Psilocybin and Other Psychedelics
Psilocybin, MDMA, LSD, and other classic psychedelics remain illegal under California state law. There is no statewide decriminalization, and possession is prosecuted under existing controlled substance statutes. Oakland, Santa Cruz, Berkeley, Arcata, and San Francisco have passed resolutions making personal use and possession of certain psychedelics the lowest priority for local law enforcement, but those are local policy choices, not changes to state criminal law, and you can still be arrested and charged under state law in those cities. Legislative efforts around research and pilot programs continue, but no bill fully legalizing personal psychedelic use has passed as of early 2026.
Where Federal Law Overrides California
Cannabis is still a Schedule I controlled substance under federal law. A rescheduling process to move it to Schedule III is underway but not complete; a proposed rule issued in May 2024 drew nearly 43,000 public comments and is awaiting an administrative law hearing.17The White House. Increasing Medical Marijuana and Cannabidiol Research Until that finishes, federal prohibition creates real consequences for Californians using cannabis legally under state law.
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 Because cannabis is still federally illegal, a California resident who uses cannabis recreationally or medically is technically barred from owning guns under this statute, regardless of state law. The Department of Justice has argued before the Supreme Court that this ban should be upheld even if rescheduling to Schedule III is finalized.
Federally Subsidized Housing
HUD policy follows federal drug law, not state law, and prohibits tenancy for individuals known to use cannabis even in states where it’s legal. Smoking cannabis in public housing is treated as a lease violation that can lead to eviction.
Employment
A California law effective January 1, 2024 prohibits most employers from discriminating against employees or job applicants based on off-duty cannabis use. Drug tests that screen only for nonpsychoactive cannabis metabolites, which linger in the body long after impairment fades, generally cannot be used as grounds for termination or refusal to hire. The protection has significant carve-outs: it does not apply to workers in the building and construction trades, employees who need a federal security clearance, or positions subject to federal drug testing mandates. The Department of Transportation has said rescheduling will not affect its mandatory testing, so truck drivers, pilots, and other safety-sensitive workers remain under zero-tolerance rules for THC.
Proposition 36 and Repeat Drug Possession
California voters passed Proposition 36 in November 2024, the most significant change to the state’s drug possession penalties in years. Under Prop 36, a person caught possessing certain drugs including fentanyl, heroin, cocaine, and methamphetamine who has two or more prior drug-related convictions can be charged with a “treatment-mandated felony” instead of a simple misdemeanor.19Legislative Analyst’s Office. Proposition 36 – Ballot Analysis
Someone charged under this provision can plead guilty and enter a court-approved treatment program. A substance abuse and mental health evaluation is required, and the court must also determine whether the defendant qualifies for Medi-Cal or other benefits to support recovery. If the person successfully completes treatment, the charge is dismissed. Courts cannot impose prison time unless they first determine the person is not eligible or suitable for treatment. For those who fail to complete treatment, the felony conviction can carry up to three years in county jail for a first offense or three years in state prison for subsequent offenses.20California State Assembly. Criminal Laws Created or Amended by Proposition 36
Prop 36 does not change the rules for cannabis, alcohol, or other legal substances. It targets repeat possession of hard drugs and offers a path where treatment success erases the felony record. For anyone with prior drug convictions, it’s a sharp departure from the misdemeanor-only approach California had followed since Proposition 47 passed in 2014.