What’s Legal

Let's Talk cannabis

What's Legal for Adult Use?

Under California law, adults 21 or older can use, carry, and grow cannabis (marijuana, weed, pot).

Buying cannabis (without a current physician’s recommendation or a county-issued medical marijuana identification card) will become legal for adults 21 or older January 1, 2018.

Use of medicinal cannabis is legal if you have a current physician’s recommendation or a valid county-issued medical marijuana identification card.

To buy medicinal cannabis, you must be 18 or older and have either have current physician’s recommendation, a valid county-issued medical marijuana identification card, or be a Primary Caregiver as defined in Health and Safety Code Section 11362.7(d).

You can consume cannabis on private property but you cannot consume, smoke, eat, or vape cannabis in public places. Property owners and landlords may ban the use and possession of cannabis on their properties.

Even though it is legal under California law, you cannot consume or possess cannabis on federal lands like national parks, even if the park is in California.

It is illegal to take your cannabis across state lines, even if you are traveling to another state where cannabis is legal.

The new law, known as the Medicinal and Adult-Use Cannabis Regulation and Safety Act, includes information about where you can use cannabis, how much you can possess, and the penalties for illegal use. Check out the resources below to find out more.

Cannabis remains classified as a Schedule I drug under the federal Controlled Substances Act, and its purchase, possession, distribution, or use within California may be unlawful under federal law. While it is our intention to provide current information, this fact sheet is not for the purpose of providing legal advice and can become outdated. Contact your attorney if you have questions about cannabis, what is (or is not) legal under state or federal law or need legal advice.

Additional Resources

FAQs

Can I use cannabis?

You can legally use cannabis if you are 21 or older. You can also use cannabis if you are 18 or older and have a current qualifying physician’s recommendation or a valid county-issued medical marijuana identification card.

What about medicinal cannabis use?

Use of medicinal cannabis is legal if you have a current qualifying physician’s recommendation or a valid county-issued medical marijuana identification card. To buy medicinal cannabis, you must be 18 or older and have either have current qualifying physician’s recommendation, a valid county-issued medical marijuana identification card, or be a Primary Caregiver as defined in Health and Safety Code Section 11362.7(d). You can possess up to eight ounces of dried cannabis and up to six mature or 12 immature cannabis plants, unless the physician’s recommendation specifies a higher amount. With a valid county-issued medical marijuana identification card, you do not have to pay sales tax when you buy cannabis, but you may have to pay other taxes.

How much cannabis can I legally have?

If you are 21 and older (or have a valid physician’s recommendation or a medical marijuana identification card), you can buy and possess up to one ounce (28.5 grams) of cannabis and up to eight grams of concentrated cannabis. You can also plant, harvest, dry, and process up to six cannabis plants in your private residence or on the grounds of your residence.

Can I sell or give away cannabis?

To sell cannabis, you need a license from the California Bureau of Cannabis Control.

You can give away up to one ounce (28.5 grams) of cannabis and up to eight grams of concentrated cannabis to a person 21 or older, but you cannot receive money or any form of compensation.

Where can I buy cannabis?

You can only buy cannabis at retail outlets licensed by the California Bureau of Cannabis Control.

Where can I use cannabis?

You can use cannabis on private property. You cannot use, smoke, eat, or vape adult-use cannabis in public places. Property owners and landlords can ban the use and possession of cannabis on their premises. You cannot use cannabis within 1,000 feet of a school, day care center, or youth center while children are present.

Is cannabis legal in all California cities and counties?

Cities and counties may have stricter laws than the state and can ban the growing, manufacturing and selling of cannabis completely. Know your local cannabis laws.

Can I carry cannabis around with me?

You can carry up to one ounce (28.5 grams) of cannabis and up to eight grams of concentrated cannabis.
It is against the law for you to have an open container of cannabis in a vehicle while driving or riding in the passenger seat. If you have cannabis in a vehicle, it must be in an approved sealed package or container. Otherwise, it must be kept in the trunk of the vehicle.

Can I get a DUI if I drive while I am high?

Yes. If you are under the influence of cannabis while operating a car, boat, or other vehicle, a law enforcement officer can pull you over and conduct a sobriety test.

What about federal law?

Even though cannabis is legal in California, it is not legal under federal law. You cannot possess cannabis on federal lands like national parks, even if the park is in California.

Page Last Updated : November 17, 2017