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Is Marijuana Legal in California 2026
Updated 06/08/2026
Is Marijuana Legal in California 2026?
Yes, marijuana is legal in California as of 2026. In 2016, voters passed Proposition 64, the Adult Use of Marijuana Act, which legalized recreational use for adults 21 and older. This allows individuals to possess, use, and cultivate marijuana for personal purposes.
California Marijuana Possession Laws
Adults 21 and older may possess up to 28.5 grams of non-concentrated cannabis and up to 8 grams of concentrated cannabis for adult use. People ages 18 to 20 may possess medicinal cannabis with a physician’s recommendation or an MMIC; otherwise, possession by people under 21 is unlawful.
California Marijuana Cultivation Laws
California allows adults 21 and older to cultivate no more than six living cannabis plants in total within a single private residence or on its grounds, regardless of how many adults live there. The plants and any cannabis produced in excess of 28.5 grams must be kept at the residence in a locked space that is not visible from a public place. Cultivation must also comply with applicable local ordinances.
California Marijuana Penalties
Despite legalization, penalties remain for violations. Unlawful possession is governed by California Health and Safety Code Section 11357, unlawful cultivation by Section 11358, and possession for sale by Section 11359. Offenses involving the unlawful sale, furnishing, or distribution of cannabis to minors are governed by California Health and Safety Code 11361 HS.
Who can recommend medical marijuana in California?
In California, medical cannabis may be recommended by an attending physician licensed in good standing to practice medicine, osteopathy, or podiatry. A qualifying patient may use the physician’s recommendation to obtain medicinal cannabis and may voluntarily apply through their county for a Medical Marijuana Identification Card. An MMIC is optional and is not required to purchase medicinal cannabis with a valid recommendation.
Common Questions about California Marijuana Laws
Can you smoke marijuana in public in the state of California? 
No, smoking or ingesting cannabis in a public place is generally prohibited. Consumption may be permitted on private property where authorized and at licensed consumption areas approved by the local jurisdiction. Smoking cannabis is prohibited in locations where tobacco smoking is prohibited.
Can anyone go to a dispensary in California?
Yes, anyone 21 and older may purchase from licensed dispensaries. Patients under 21 require a medical marijuana card. Retail oversight falls under the California Department of Tax and Fee Administration.
Is marijuana a felony in California?
No, marijuana use and possession are no longer felonies. However, trafficking or unlawful transport is penalized under California trafficking laws.
What happens if you get caught with marijuana in California?
Penalties depend on the person’s age, the amount possessed, the location, and whether possession for sale is involved. Unauthorized possession within the lower statutory limits is an infraction for people under 21, with age-specific penalties, while possession above those limits may result in up to six months in county jail, a fine of up to $500, or both for adults. Current possession penalties are set by Health and Safety Code Section 11357.
How much is a possession of marijuana ticket in California?
California does not impose one standard possession ticket. A person ages 18 to 20 who unlawfully possesses no more than 28.5 grams of cannabis or 8 grams of concentrated cannabis may be fined up to $100. An adult who unlawfully possesses more than those amounts may face a fine of up to $500, up to six months in county jail, or both.
Are edibles legal in California?
Yes, cannabis edibles are legal in California. Adults 21 and older and eligible medicinal patients may purchase tested edibles from licensed cannabis retailers. Adults may also make cannabis products for personal use, but they may not use volatile solvents such as butane or propane.
Is CBD legal in California?
CBD products are legal in California only when they comply with the rules for their product category. As of January 1, 2026, industrial-hemp foods, beverages, and dietary supplements may contain qualifying CBD or CBN isolate but cannot contain THC or synthetic cannabinoids. Topically applied hemp cosmetics may contain no more than 0.3% total THC by dry weight. Cannabis products containing CBD and THC remain available from licensed cannabis retailers to adults 21 and older and medicinal patients 18 or older with a physician’s recommendation; an MMIC is optional.