Marijuana is legal in California for both recreational and medical use. Adults 21 and older may legally possess, purchase and use marijuana within state limits, while patients 18 and older with a physician’s recommendation may access marijuana under the state’s medical program.
California became the first state to legalize medical marijuana when voters approved Proposition 215 in 1996. Twenty years later, voters approved Proposition 64, legalizing marijuana for adults 21 and older. Licensed recreational sales began in 2018.
This page provides an overview of California marijuana laws in 2026, including possession and purchase limits, home cultivation, medical marijuana, dispensaries, taxes, public consumption and other important rules. For a nationwide overview, see The Marijuana Herald’s guide to marijuana laws by state.
Last updated: September 12, 2026
California Marijuana Laws at a Glance
| Issue | California Law |
|---|---|
| Recreational marijuana | Legal |
| Medical marijuana | Legal |
| Recreational sales | Legal |
| Medical dispensaries | Legal |
| Minimum recreational age | 21 |
| Adult possession limit | 28.5 grams of non-concentrated marijuana |
| Adult concentrate limit | 8 grams |
| Adult home cultivation | Up to 6 plants per residence |
| Medical possession | Generally up to 8 ounces of dried marijuana |
| Medical home cultivation | Generally 6 mature or 12 immature plants |
| Medical recommendation required | Yes |
| State medical marijuana card required | No |
| Recreational delivery | Legal through licensed retailers |
| Public marijuana use | Generally prohibited |
| State marijuana excise tax | 15% |
| Driving while impaired | Illegal |
California’s Department of Cannabis Control says adults 21 and older may purchase marijuana for recreational use, while people 18 and older may purchase it for medical use with a physician’s recommendation.
Is Recreational Marijuana Legal in California?
Yes. Recreational marijuana is legal in California for adults 21 and older.
Adults may possess, purchase, obtain, transport and use marijuana within the limits established by state law. Adults may also give limited quantities of marijuana to another person who is at least 21, provided no payment or other compensation is involved.
California voters legalized recreational marijuana through Proposition 64 in November 2016. Licensed adult-use retail sales began in January 2018.
How Much Marijuana Can You Possess in California?
Adults 21 and older may generally possess:
- Up to 28.5 grams, approximately one ounce, of non-concentrated marijuana
- Up to 8 grams of marijuana concentrate
These limits also apply when transporting marijuana for personal use within California.
Marijuana legally produced through a person’s home cultivation can exceed the standard 28.5-gram possession limit when kept at the residence. Marijuana produced by those plants in excess of 28.5 grams must be kept in a locked space at the private residence and cannot be visible from a public place.
How Much Marijuana Can You Buy in California?
A licensed retailer may sell an adult-use customer no more than the following in a single day:
- 28.5 grams of non-concentrated marijuana
- 8 grams of marijuana concentrate, including concentrate contained in marijuana products
- 6 immature marijuana plants
The limits cannot be combined in a way that allows a customer to exceed the applicable maximum.
Licensed retailers must verify that recreational customers are at least 21.
Can You Grow Marijuana at Home in California?
Yes. Adults 21 and older may cultivate marijuana at home in California.
State law allows up to six living marijuana plants at a single private residence. Importantly, the six-plant limit applies to the residence, not separately to every adult living there.
Plants and marijuana produced from them in excess of 28.5 grams must be kept in a locked area at the residence and cannot be visible from a public place.
Cities and counties may impose reasonable rules on personal cultivation and may prohibit outdoor cultivation. However, local governments cannot completely prohibit adults from cultivating up to six plants inside a private residence or a fully enclosed and secure accessory structure.
Local rules should therefore be checked before establishing a home grow.
Is Medical Marijuana Legal in California?
Yes. California has allowed marijuana for medical purposes since voters approved Proposition 215 in 1996.
A person who is at least 18 may purchase medicinal marijuana from a licensed retailer with a valid physician’s recommendation. Medical patients are subject to different possession and purchasing rules than recreational consumers and can qualify for higher limits.
California law generally allows a qualified patient or primary caregiver to possess up to eight ounces of dried marijuana per patient and maintain up to six mature or 12 immature marijuana plants.
If a physician determines those quantities do not meet a patient’s medical needs, the patient or caregiver may possess an amount consistent with the patient’s needs.
How Much Medical Marijuana Can Patients Buy?
California’s current retail regulations generally allow a medicinal marijuana patient or caregiver to purchase in a single day:
- Up to 8 ounces of medicinal marijuana in the form of dried mature flower
- Up to 12 immature marijuana plants
A patient whose physician’s recommendation documents a different medically necessary amount may purchase an amount consistent with that recommendation.
This is substantially higher than the recreational limit of 28.5 grams of non-concentrated marijuana.
Do You Need a Medical Marijuana Card in California?
A state-issued Medical Marijuana Identification Card is not required simply to qualify as a medical marijuana patient or purchase medicinal marijuana from a licensed retailer. A physician’s recommendation can establish eligibility for medicinal purchases.
California does, however, operate an optional Medical Marijuana Identification Card program through county health departments.
The card can provide an important tax benefit. Qualified patients or caregivers who present both a valid state Medical Marijuana Identification Card and valid government-issued identification are exempt from California sales and use tax on qualifying medicinal marijuana purchases.
Are Marijuana Dispensaries Legal in California?
Yes. California licenses both storefront marijuana retailers and delivery-only retailers.
Licensed stores may sell products that have completed required testing and quality assurance procedures, including marijuana flower, pre-rolls, concentrates, edibles and topicals. State rules generally allow retail sales between 6 a.m. and 10 p.m., although cities and counties may establish more restrictive hours.
Legalization does not mean dispensaries are available everywhere in the state. Cities and counties retain substantial authority over whether marijuana businesses may operate within their jurisdictions.
The Department of Cannabis Control says 56% of California cities and counties currently prohibit all retail marijuana businesses.
Is Marijuana Delivery Legal in California?
Yes. California licenses marijuana businesses to provide delivery service, including storefront retailers that also deliver and non-storefront retailers that operate exclusively through delivery.
Customers must satisfy the same age and eligibility requirements that apply to purchases made inside a dispensary.
Local laws can affect where marijuana businesses themselves may be located and operate, so availability differs significantly by area.
Where Can You Use Marijuana in California?
Marijuana may generally be consumed on private property when the property owner allows it.
Using marijuana in public places is generally prohibited. California also prohibits smoking marijuana anywhere smoking tobacco is prohibited and restricts smoking within 1,000 feet of a school, day care center or youth center while children are present.
Property owners may prohibit marijuana use on their property, meaning renters should also check their lease or rental rules.
California additionally allows certain licensed on-site consumption operations and temporary marijuana events when authorized under state and local law. Local approval plays an important role in whether those venues are available.
Can You Give Marijuana to Another Adult in California?
Yes.
A person 21 or older may give another person who is at least 21:
- Up to 28.5 grams of non-concentrated marijuana
- Up to 8 grams of marijuana concentrate
The transfer must be made without compensation. Selling marijuana without the required licenses remains illegal.
Can You Drive With Marijuana in California?
Marijuana may be transported within California within legal possession limits, but driving while impaired by marijuana is illegal.
California also prohibits having an open container or open package of marijuana while driving or riding in a vehicle. Marijuana in a vehicle should be kept in a sealed package or container or placed in the trunk.
Consumers should also remember that marijuana cannot legally be transported across state lines under federal law, even when traveling between two states where marijuana is legal.
How Much Is Marijuana Taxed in California?
California currently imposes a 15% marijuana excise tax on retail marijuana sales.
The rate briefly increased from 15% to 19% on July 1, 2025, but legislation subsequently reduced it back to 15% beginning October 1, 2025. Another state adjustment is delayed until the 2028-29 fiscal year.
Ordinary sales tax generally also applies to recreational marijuana purchases, and cities or counties may impose additional local marijuana business taxes.
Qualified medical patients with a valid California Medical Marijuana Identification Card and government-issued identification are exempt from state sales and use tax on qualifying medicinal marijuana purchases, although the marijuana excise tax still applies.
Can Cities and Counties Have Different Marijuana Laws?
Yes.
Although California law establishes statewide rules for possession, personal use and home cultivation, local governments retain considerable authority over marijuana businesses and certain activities.
Cities and counties may regulate or prohibit marijuana retailers, cultivation businesses, manufacturers and other commercial operators. They may also impose local taxes, zoning restrictions and additional regulations on personal cultivation.
Local governments cannot completely prohibit indoor personal cultivation of up to six plants by adults at a private residence, but they can adopt reasonable regulations and can prohibit outdoor personal cultivation.
Is Marijuana Legal on Federal Land in California?
No.
Federal law applies on federal property even when that property is located inside California. The state’s legalization laws therefore do not authorize marijuana possession or use in places such as national parks and other federal lands.
California’s Department of Cannabis Control also warns that marijuana cannot legally be taken across state lines.
Are THCA, Delta-8 and Hemp-Derived THC Legal in California?
California sharply restricts intoxicating hemp-derived products. As of January 1, 2026, industrial hemp extracts used in foods, beverages and dietary supplements cannot contain THC or synthetic cannabinoids. California law also treats intoxicating hemp products separately from ordinary nonintoxicating hemp products, while THC-containing cannabis products remain available through the state’s licensed marijuana market.
THCA flower cannot be legally sold in California as an ordinary hemp product. Under Assembly Bill 8, hemp flower, pre-rolls containing hemp flower or hemp-derived cannabinoids, and inhalable products containing THC derived from hemp cannot be sold, offered or provided in California. The restriction took effect January 1, 2026.
Similarly, intoxicating cannabinoids such as delta-8 THC cannot be sold through California’s general hemp marketplace as an alternative to regulated marijuana. Adults 21 and older can instead purchase marijuana flower, concentrates, edibles and other THC-containing cannabis products from licensed retailers under California’s adult-use marijuana system.
Can Tourists Buy Marijuana in California?
Yes. Adults 21 and older visiting California may purchase recreational marijuana from licensed retailers. California does not require adult-use customers to be state residents.
Retailers must verify a customer’s age and identity using an acceptable form of identification, such as a government-issued photo ID, military ID or valid passport. Tourists are subject to the same recreational purchase and possession limits as California residents.
Marijuana purchased legally in California cannot be taken across state lines, even if the destination state also allows marijuana.
Related Marijuana Laws and Protections
Residents should also be aware that legalization does not eliminate restrictions on impaired driving or guarantee workplace protections. See our guides to marijuana DUI laws by state and marijuana employment laws for a broader look at how Illinois compares with other states.
People with past marijuana convictions may also qualify for record-clearing relief. Our Marijuana Expungement Laws by State guide explains how all 50 states handle expungement and related relief.
