California Cannabis Laws (2026 Update)

Recreational use under Prop 64

California voters passed Proposition 64 — the Adult Use of Marijuana Act (AUMA) — in November 2016. It legalized cannabis for adults 21 and older, established a state licensing framework for cultivation and retail, and imposed a state excise tax. Retail sales began January 1, 2018. The core statutes are codified at Cal. Health & Safety Code § 11362.1 et seq., with the licensing framework in Bus. & Prof. Code § 26000 et seq.

Under Prop 64, adults 21+ may lawfully:

• Possess, purchase, and use up to 28.5g of cannabis flower and 8g of concentrate.
• Cultivate up to 6 plants at their private residence, out of public view.
• Give away (without compensation) up to 28.5g of flower or 8g of concentrate to another adult 21+.
• Possess cannabis paraphernalia.

Medical use under Prop 215 & MMP

California became the first US state to legalize medical marijuana with Proposition 215 (the Compassionate Use Act of 1996). The Medical Marijuana Program (MMP), codified at Cal. Health & Safety Code § 11362.7 et seq., established a voluntary state ID card system administered by county public health departments.

Medical cannabis provides several advantages over recreational use, including:

• Access at 18+ (younger with parental consent and physician approval for minors).
• Higher possession limits by physician recommendation.
• Larger cultivation allowances by physician recommendation.
• Exemption from state sales and use tax on medical cannabis purchases with a state-issued MMIC card.

Possession limits

Exceeding these limits without medical justification is generally an infraction or misdemeanor under Cal. Health & Safety Code § 11357, though possession is decriminalized in small excess amounts. Trafficking-level amounts remain felonies.

Home cultivation

Adults 21+ may cultivate up to 6 living plants per residence (not per person) for personal use. The plants must be:

• Grown at a private residence.
• Not visible from a public place.
• Secured against unauthorized access (including by minors).

Local governments may impose reasonable regulations on indoor cultivation and may prohibit outdoor cultivation (many California cities do). Renters are subject to their landlord's rules — landlords can prohibit cultivation on rental property.

Public consumption restrictions

Consuming cannabis in public is prohibited under Cal. Health & Safety Code § 11362.3. The prohibition covers:

• Public places (sidewalks, parks, businesses).
• Anywhere smoking tobacco is prohibited.
• Within 1,000 feet of a school, day care, or youth center while children are present.
• Inside vehicles (whether moving or parked, driver or passenger).

Consumption is generally permitted in private residences (subject to landlord rules), and in licensed on-site consumption lounges where those exist under local ordinance.

Driving under the influence of cannabis

Driving under the influence of cannabis is a DUI under Cal. Veh. Code § 23152(f), even for medical cannabis patients. Unlike alcohol, there is no per-se THC blood concentration limit in California — prosecution turns on evidence of impairment. Refusing chemical testing after a valid cannabis DUI arrest triggers the same implied-consent penalties as alcohol refusal. See our California DUI laws page for full DUI procedure.

Retail licensing

Commercial cannabis activity in California is regulated by the California Department of Cannabis Control (DCC), established in 2021 by consolidating the Bureau of Cannabis Control (BCC), the CDFA CalCannabis licensing, and the CDPH Manufactured Cannabis Safety Branch.

The DCC issues license types including:

• Cultivation.
• Manufacturing.
• Testing laboratories.
• Distribution.
• Retail (storefront and non-storefront/delivery).
• Microbusiness (small vertically-integrated).
• Event organizer and temporary events.

All commercial cannabis licenses require local authorization first — a business cannot obtain a DCC license without an approval or authorization from the local city or county government. Many California local governments have opted not to license commercial cannabis at all.

Cannabis taxes

California imposes several taxes on cannabis:

• State cannabis excise tax: 15% of average market price of retail cannabis, collected by the retailer (updated framework under AB 195/2022, which eliminated the separate cultivation tax).
• State sales and use tax: standard 7.25%+ (varies by district) applies to recreational cannabis sales. Medical cannabis purchases by patients with a state MMIC card are exempt from sales tax.
• Local cannabis business taxes: most cities and counties that allow commercial cannabis also impose local taxes on cultivation, manufacturing, distribution, and retail. These vary widely — often 4% to 15% depending on jurisdiction and activity.

Employment protections (AB 2188)

AB 2188, effective January 1, 2024, prohibits most California employers from discriminating against employees based on off-the-job cannabis use, or based on employer-administered drug tests that detect non-psychoactive cannabis metabolites (e.g., THC-COOH). Key points:

• Employers can still prohibit on-the-job cannabis use and impairment.
• Employers can still test for active THC (psychoactive metabolites), including impairment tests.
• Certain job categories are exempt — federally regulated positions (DOT-covered drivers, federal contractors requiring drug-free workplace compliance), building and construction trades, and jobs requiring federal background check.
• Pre-employment drug testing that only detects non-psychoactive metabolites is prohibited.

Federal preemption & other limits

Cannabis remains a Schedule I controlled substance under federal law. California legalization does not change federal law, which continues to apply in several critical areas:

• Federal firearms: ATF Form 4473 requires purchasers to certify they are not a user of any controlled substance including marijuana. Cannabis use — even in states where legal — remains a federal disqualifier for firearm purchase and possession under 18 U.S.C. § 922(g)(3).
• Federal jobs and security clearances: cannabis use can disqualify applicants and employees.
• Federal housing (HUD Section 8, public housing): use is generally prohibited under federal regulations.
• Interstate transport: transporting cannabis across state lines — even between two legal states — remains a federal felony.
• Banking: the SAFE Banking Act has not been enacted; most banks and credit unions still won't work with cannabis businesses.
• Immigration: non-citizens using cannabis — even legally under state law — face immigration consequences including inadmissibility.

State agency contact

Compared to neighboring states

Related California laws

• California delta-8 THC laws
• California CBD laws
• California vaping laws
• California DUI laws (including cannabis)
• California gun laws
• California sales tax (including cannabis)
• California employment at will (including AB 2188)
• California business licenses (including cannabis)

Related comparisons

Related guides

Recent changes

• January 1, 2024
  AB 2188 employment protections took effect — most employers cannot discriminate based on off-the-job cannabis use or metabolite-only drug tests.
• July 1, 2022
  AB 195 eliminated the state cultivation tax and shifted excise tax collection responsibility to the retailer.
• July 12, 2021
  Department of Cannabis Control (DCC) was formed by consolidating the BCC, CDFA CalCannabis, and CDPH MCSB into one licensing agency.
• January 1, 2018
  First-day-of-year commencement of legal recreational cannabis retail sales under Prop 64.
• November 8, 2016
  Proposition 64 passed with 57% approval, legalizing recreational cannabis for adults 21+.

Sources

Frequently asked questions