California Cannabis Laws and Regulations
California was famously the first state to legalize cannabis for medical purposes all the way back in 1996 with the Compassionate Use Act. The Golden State’s medical cannabis program quickly became one of the most robust and thriving in the nation, with nearly two million patients.
In 2016, California voters approved Proposition 64, the Adult Use Marijuana Act (AUMA), which legalized the possession and sale of recreational cannabis in the state for individuals 21 and over. Under AUMA, all adults over 21 can possess up to one ounce of cannabis and cultivate up to six cannabis plants.
Even with California’s recreational market now in full swing, the state estimates that over two thousand people each year join its medical marijuana program. Being a medical patient in California carries several substantial benefits. Medical cannabis patients in California can possess more cannabis, make larger purchases, and buy cannabis products with a higher amount of THC. Medical cannabis patients in California are also able to cultivate more plants in some counties if their condition necessitates it. Check with your county to learn more. And unlike recreational consumers, medical card holders registered with the state to receive an MMIC save approximately 8% to 10% on sales tax.
Is Weed Legal in California?
YES. Adults aged 21 and over can legally take marijuana for medicinal or recreational use in the state of California. Those under 21 need a medical marijuana recommendation to possess cannabis in the state legally.
Weed Legalization in California
In 1996, California voters approved the Compassionate Use Act, making the state the first to allow medical marijuana use.
Then, on November 8, 2016, the state passed Proposition 64 (the AUMA), which officially legalized adult-use cannabis in California. By 2018, California’s adult-use recreational market was open and running.
As of 2024, the consumption of cannabis is legal for medicinal and recreational use in the state of California.
Buying Legal Weed in California
Adults aged 21 and above can purchase cannabis from state-licensed dispensaries.
California’s cannabis taxes apply depending on patient location and whether they are registered with the MMIC.
- Excise tax of 15%
- Retail sales and use tax of roughly 8% to 10% depending on the municipality*
- Between 5% and 15% in local taxes may also apply in addition to state taxes**
*MMIC card holders are exempt from retail sales and use tax. Patients with just a written recommendation are not eligible for this tax reduction.
**Some local taxes give exemptions for MMIC holders.
California designates the funds raised through cannabis taxes for several government programs. The state sets aside 60% of tax revenue to fund youth programs, education, and substance abuse treatment and prevention programs. California designates another 20% toward environmental protection and restoration. The remaining 20% goes to law enforcement to prevent intoxicated driving.
Is Cannabis Delivery Available in California?
YES. Adults aged 21 and over can legally order marijuana delivery for medicinal or recreational use in the state of California. Adults aged 18 to 21 can order medical marijuana delivery with a valid physician's recommendation.
Where Can You Legally Use Weed in California?
Cannabis can be legally used in the following areas in California:
🗹 Private properties such as residences
🗹 Businesses with a commercial cannabis consumption license
Cannabis CANNOT be consumed in:
X Public spaces
X Businesses that lack a license for commercial cannabis consumption
X Motorized vehicles in motion, for both driver and passengers
X While operating a boat
X Federal land and national parks
What are the Restrictions on Cannabis Possession in California?
Adults aged 21 and above may purchase and possess up to:
- Cannabis: 1 ounce / 28.5 grams
- Cannabis concentrates: 0.28 ounces / 8 grams
For transfer to another adult:
- Dried cannabis: 1 ounce / 28.5 grams
- Cannabis concentrates and infused product: 0.28 ounces / 8 grams
For the state’s home cultivation program:
- Maximum # of plants: Six mature and twelve immature plants*
*Some municipalities have different restrictions. Check with yours to learn more.
For medicinal use:
- Dried cannabis: 8 ounces / 226.8 grams
- Cannabis concentrates and infused product: the amount of concentrate that can be derived from 8 ounces of flower
- Maximum # of mature plants: 6*
- Maximum # of immature plants: 12
*Some municipalities have banned the cultivation of cannabis for medical patients, while others may allow the cultivation of more plants by MMJ patients. Check with your municipality to learn more.
During vehicular transportation:
- Cannabis may either be in a sealed container, or
- Stored in the trunk of the vehicle
Have Questions About Getting a Medical Card in California?
Learn more about medical cannabis in California with our extensive set of patient resources:
