Summary
Marijuana is legal in California for both medical and recreational uses.
California doesn’t recognize out-of-state medical marijuana cards.
Recreational users may possess up to 1 oz or 28.5 g of cannabis.
California Marijuana Law
The state of California has been a longtime trailblazer for legalized cannabis use. Almost 50 years ago, California proposed the nation’s first ballot initiative on the issue and, although this initial attempt failed, the state would go on to legalize the medical use of marijuana in 1996 and its recreational use in 2016.
These first milestones opened the path forward for legalized marijuana across the country, while industry and its surrounding laws have since developed. In this article, we’ll look at California’s medical and recreational marijuana laws, answer some frequently asked questions and help you get a better understanding of legal marijuana use in the state.
Is marijuana legal in California?
Simply put, yes, marijuana is legal in California. This goes for both medical and recreational use. However, the laws surrounding these types of usages differ, so it’s a good idea to get familiar with each to better understand the allowances and limitations guaranteed under California law.
Medical use of marijuana in California
California legalized the medicinal use of marijuana in the Compassionate Use Act of 1996, or Proposition 215. This act granted medical cannabis patients who are 18 years of age or older and their caregivers the right to possess and cultivate marijuana, and for patients to consume marijuana when prescribed for medicinal use by a California-licensed physician. Patients under the age of 18 can also consume medicinal marijuana products but only under the guidance of a California-licensed physician and their parents or guardians.
Currently, the California Department of Public Health (CDPH) offers a voluntary Medical Marijuana Identification Card Program (MMICP) through which an eligible patient may receive a medical marijuana identification card. There are some perks associated with having a medical marijuana card, but a physician’s recommendation is enough to purchase marijuana for medicinal use within the state.
Recreational use of marijuana in California
California’s Proposition 64, or the Adult Use of Marijuana Act, passed in November of 2016. Among other things, this act gave California residents who are 21 years of age or older the right to cultivate, possess, sell and consume marijuana for non-medicinal purposes. This proposition also outlines possession, cultivation and consumption limitations for recreational marijuana use. As a general overview, this act limits the possession of recreational marijuana to 28.5 grams (one ounce) and the cultivation of no more than six marijuana plants at a private residence.
A Quick Guide to California Cannabis Laws
Marijuana Legalization History
When did California legalize cannabis for medical use?
California medical marijuana law granted residents of the state who are 18 years of age or older the right to medical cannabis with a physician’s recommendation on November 5, 1996.
When did California legalize cannabis for recreational use?
California cannabis laws expanded to include the recreational use of marijuana for residents of 21 years of age or older in late 2016, going into effect the following year.
Purchasing & Possession
Where is marijuana safe to purchase?
Patients and guests over age 21 can legally obtain medical and recreational marijuana from any licensed marijuana dispensary in California.
How do taxes apply to marijuana products?
In California, all retail sales of cannabis products are subject to the standard 7.5% – 9.25% sales tax rate. Depending on where you’re located in California, you may pay further taxation on marijuana products because of laws passed by local governments. As of 2018, the state also began to apply an additional 15% excise tax to all retail marijuana product sales. It is important to note that patients who hold a medical marijuana card may be exempt from the sales and use tax normally applied to retail sales of marijuana products.
Where is marijuana safe to consume in California?
Marijuana is safe to consume in a private space or in a privately-owned or government-owned location that holds a commercial cannabis consumption license. In California, marijuana cannot be consumed in a public space, while in a motor vehicle (whether driving or riding as a passenger), while riding a bicycle, or near or on the premises of a school, youth center, or daycare (unless in one’s own private residence).
What are the limits on marijuana possession in California?
Limitations to the possession of cannabis products in the state of California vary depending on whether an individual uses these products recreationally or medicinally.
Limitations on recreational marijuana possession
Must be 21 years of age or older
May possess up to 1 oz, or 28.5 g of cannabis
May possess up to 8 g of concentrated cannabis
May grow up to 6 mature plants that are kept out of view and secured from public
Must keep marijuana grown from one’s own plants in a private residence
Individual sale of marijuana is prohibited
Distribution of recreational marijuana to a minor (under 21 years of age) prohibited
Limitations on medical marijuana possession
Must have a California-licensed physician’s recommendation
If the individual is a patient, they must be 18 years of age or older or else have guardian permission
If the individual is a caregiver, they must be the patient’s primary caregiver
May have higher possession limits within reason
May grow more plants at home within reason
May purchase more cannabis products at a given time within reason
Reciprocity
Do California dispensaries accept out-of-state medical marijuana cards?
Currently, the state of California does not accept out-of-state medical marijuana cards. However, visitors to the state are welcome to apply for a California-issued medical marijuana card.
Can I use my California medical card in a different state?
As of this year, 36 states and four U.S. territories allow for the medical use of marijuana. Some (but not all) of these states honor California medical marijuana cards. These are:
Note: Please visit the official state MMJ program site and/or contact their MMJ programs office to make sure your card will be accepted.
Exporting & Traveling
Can I have marijuana in my car?
Residents of California are permitted to carry marijuana in a motor vehicle, boat or airplane. However, recreational cannabis products may not be transported in an “open container,” meaning the original factory or distribution seal has been previously broken. Instead, recreational use products must be carried in containers without a broken seal during transport. Exceptions to the broken seal rule may apply to individuals with medical marijuana approval.
Marijuana and crossing state lines
Since marijuana is still illegal on the federal level, it is, in most cases, illegal to carry legally purchased marijuana across state lines.
Marijuana and driving under the influence
It is illegal to drive under the influence of marijuana in the state of California, but no explicit consumption limit is written in California statute. If a law enforcement officer has reason to suspect marijuana use while driving, they may give a driver a field sobriety test, and may also administer a blood or urine drug test, to determine whether an individual was driving while impaired. There is currently no exception to this rule for individuals who use marijuana for medicinal purposes. Penalties for driving under the influence of marijuana can vary and depend on the number of offenses an individual has on record.
Other Legal Considerations
Which products are legal in the state of California?
Most types of cannabis products are legal within the state of California, including, but not limited to, cannabis flower, capsules, vape cartridges, extracts, and edibles like cookies and gummies. Products containing marijuana must abide by certain THC limits per product or package, and pass quality and safety standards in tests set by the state.
Cannabis laws for caregivers
Primary caregivers who care for patients with medical marijuana allowances are permitted to possess, cultivate, transport, or administer cannabis or cannabis concentrates to their patients. In California, primary caregivers need not obtain a medical marijuana card to participate in the above activities. To qualify as a primary caregiver in California, one must be responsible for a qualifying patient’s housing, health or safety. Primary caregivers must also be at least 18 years of age or an emancipated minor.
Marijuana conviction expungement in California
Minor marijuana transportation or possession arrest and conviction records are not kept beyond two years in the state of California. As of 2016, individuals with other types of marijuana-related arrests or convictions may petition the courts to have these records dismissed, sealed, expunged, or re-designated. The state has, in recent years, moved to make these petitions systematic, rather than relying on individual petitions to the court.