Legal Status: Recreational legal (adults 21+, since 2016). Medical legal since 1996 (first state in the U.S.).

Last updated: May 2026

Possession Limits

Recreational (21+)

  • Flower: 28.5 grams (1 oz)
  • Concentrates: 8 grams
  • Edibles: Included within overall limits; packages capped at 100mg THC (10mg per serving)

Medical (with physician recommendation)

  • Flower: 226.8 grams (8 oz)
  • Concentrates: 226.8 grams
  • Plants: 6 mature or 12 immature

Medical Card

Qualifying conditions: California has no fixed list. Any condition for which a physician determines cannabis provides relief qualifies. Commonly cited: chronic pain, cancer, HIV/AIDS, epilepsy, PTSD, glaucoma, multiple sclerosis, migraines, anxiety.

How to apply: Obtain a physician recommendation (telehealth accepted), then apply for a Medical Marijuana Identification Card (MMIC) through your county health department.

Cost: $20-100 depending on county ($100 state maximum). Medi-Cal patients receive 50% reduction. Indigent patients may have the fee waived entirely.

Renewal: Annual. Begin renewal 45-60 days before expiration.

Reciprocity: California does NOT accept out-of-state medical cards.

Where You Can Consume

  • Private residences: Yes
  • Licensed consumption lounges: Yes (AB 1775, effective January 1, 2025; cities/counties must opt in; can serve non-psychoactive food and non-alcoholic beverages)
  • Public spaces: No (parks, beaches, sidewalks, schools, anywhere tobacco smoking is prohibited)
  • In a vehicle: No
  • Hospitals: Yes for terminally ill patients (SB 1511, effective January 1, 2026)

Home Cultivation

Up to 6 plants per residence (not per person), regardless of the number of adults. Plants must not be visible from a public place.

Purchase Limits

28.5 grams of flower OR 8 grams of concentrate per transaction. No separate monthly cap. Medical patients may purchase higher amounts per physician recommendation.

DUI / Impairment

THC threshold: 5 ng/mL in blood (establishes probable cause).

Testing: Blood test, field sobriety, Drug Recognition Expert evaluation.

Penalties: Same as alcohol DUI. First offense: up to 6 months jail, $1,000 fine, 6-month license suspension.

Employment Protections

Among the strongest in the U.S. AB 2188 (effective January 1, 2024) prohibits employers from discriminating against employees for off-duty, off-premises cannabis use. Employers cannot rely on tests detecting non-psychoactive metabolites. Employers CAN still prohibit use during work hours and address on-the-job impairment.

Exemptions: Federal security clearance positions, construction trades, and roles requiring federal background checks.

Recent Changes (2025-2026)

  • Cannabis excise tax cut: Reduced from 19% to 15% (temporary through May 2028)
  • Cannabis cafes (AB 1775): Licensed dispensaries/lounges can serve food and non-alcoholic drinks (January 2025)
  • Hospital use (SB 1511): Terminally ill patients can use medical cannabis in hospitals (January 2026)
  • Hemp restrictions (AB 8): Smokable/inhalable hemp products illegal for retail (January 2026). Hemp extract in food must be 99%+ purity with no THC.
  • Federal rescheduling: Schedule III executive order December 2025; DEA hearing June 29, 2026

What Most People Get Wrong

Most people assume that because recreational cannabis is legal, you can smoke it anywhere outdoors like a cigarette. You cannot. California treats cannabis like alcohol for public consumption: private residences and licensed lounges only. Smoking on a sidewalk, in a park, or at a beach is illegal and carries a fine.

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