Is weed legal in California?
Yes, weed is legal for recreational and medicinal use in the Golden State. You can purchase cannabis for recreational use if you're 21 or older, and you can buy cannabis for medicinal use if you're 18 or older and have a medical marijuana card.
Find licensed dispensaries and delivery services in California.
Quick facts: California cannabis laws
For recreational use, adults are allowed to:
- Purchase and possess up to 1 ounce of flower per day
- Purchase and possess up to 8 grams in concentrated forms, like extracts or edibles, per day
- Grow up to six cannabis plants at home
It's illegal to smoke in these places:
- Public places and anywhere it's illegal to smoke tobacco
- Within 1,000 feet of a school, daycare center, or youth center while children are present
- On private property, such as hotels and rental properties, if the owner or landlord prohibits it
- On federal lands, like national parks
You can expect to pay these taxes on all purchases:
- Excise tax of 15%
- Sales tax of 7.25% or higher
- Additional local or district taxes in some jurisdictions
Cannabis purchase and consumption in California
Adults in California can purchase cannabis from licensed dispensaries or through delivery services that operate across the state, although some cities and counties prohibit cannabis sales in their jurisdiction. Recreational and medicinal purchases are subject to a 15% state excise tax and additional local cannabis business taxes in certain districts.
Excise tax is applied to a sale's gross receipts. This includes:
- The price of goods
- Local taxes
- Any additional retailer fees
A minimum 7.25% sales tax applies to the total purchase amount, including excise and local taxes.
This rate is higher in most California cities and counties due to local sales tax rates. Medicinal users do not have to pay sales tax in California.
Understanding California cannabis taxes
Say you buy $100 worth of cannabis in a city with a 10% local cannabis business tax and a 9.75% sales tax.
Here's what your bill could look like if you're a recreational user:
For recreational users:
Step 1: Add state and local taxes to the product cost
$100 (product)
+ $15 (15% state excise tax)
+ $10 (10% city cannabis business tax)
= $125 (subtotal)
Step 2: Add sales tax to the subtotal
$125
+ $9.75 (9.75% county sales tax)
= $134.75 total
For medical users with a valid state-issued medical marijuana ID card:
Step 1: Add state and local taxes to the product cost
$100 (product)
+ $15 (15% state excise tax)
+ $5 (5% city cannabis business tax for medical sales)
= $120 total (exempt from sales tax)
Where is weed consumption permitted in California?
Under California state law, smoking or otherwise consuming weed is only allowed on private property unless otherwise allowed by local laws.
Some cities and counties, including San Francisco and West Hollywood (but not Los Angeles proper), have legalized so-called “cannabis lounges” where smoking is permitted, but they're still pretty rare.
Cannabis cafes in California
Under a new law effective January 1, 2025, licensed dispensaries and cannabis lounges will be able to serve non-psychoactive food and non-alcoholic drinks. Previously, they were only allowed to sell pre-packaged goods.
The legislation, AB 1775, effectively legalizes weed-smoking restaurants and Amsterdam-style cannabis cafes in cities that decide to allow them. These businesses will also be able to host live music and performances. Cities must authorize licensed cannabis businesses to operate as consumption lounges before they can begin offering these new services.
Several cities in California, including San Francisco, West Hollywood, and Sacramento, have approved or are in the process of authorizing cannabis lounges.
Where is cannabis consumption prohibited in California?
The use of cannabis is generally illegal anywhere that it's illegal to smoke tobacco.
Smoking within 1,000 feet of a school, daycare center, or youth center while children are present is also prohibited. Property owners can ban cannabis use on their property, so check for restrictions if you're a tenant or a guest.
Because weed remains illegal under federal law (for now), consumption is also prohibited on federal lands, like national parks.
It's illegal to have an open container of weed while driving or riding in a vehicle. You can transport weed in a car, but it must be in the trunk or a sealed package or container.
It is a crime to drive under the influence of weed — yes, even if it's medicinal. It's also illegal to transport cannabis across state lines, even when traveling to another legal state.
Growing cannabis in California
For personal use, adults in California can grow up to six cannabis plants at home.
The plants must not be visible to the public, and if the grower is a tenant, the property owner must approve of the cultivation.
You don't need a state-issued license when growing six plants or less for personal use. However, cities and counties can prohibit or restrict outdoor personal cultivation in other ways, so be sure to check local regulations before starting your grow.
Medical marijuana in California
The State of California's Medical Marijuana Identification Card Program (MMICP) grants cardholders the ability to access cannabis without certain restrictions that apply to recreational marijuana users.
Medical users are not required to pay sales tax on cannabis purchases (excise and local business taxes still apply). The state allows medical users to purchase and possess up to 8 ounces of cannabis flower per day, rather than just 1 ounce, and cultivate up to six mature or 12 immature marijuana plants, barring local restrictions.
To get a medical marijuana card, California residents must receive a physician's recommendation and then submit a copy of this recommendation, proof of identity, and proof of residence to their county's applicable health agency.
County programs will take a patient's photograph and charge up to $100 for application or renewal. Medi-Cal beneficiaries and indigent patients may receive a fee reduction or waiver.
Qualifying conditions under California's medical marijuana program:
- AIDS
- Anorexia
- Arthritis
- Cachexia (wasting syndrome)
- Cancer
- Chronic pain
- Glaucoma
- Migraine
- Persistent muscle spasms (like those associated with multiple sclerosis)
- Seizures
- Severe nausea
The California Department of Public Health also cites “any other chronic or persistent medical symptom that either substantially limits a person's ability to conduct one or more of major life activities as defined in the federal Americans with Disabilities Act of 1990, or if not alleviated, may cause serious harm to the person's safety, physical, or mental health.”
California medical marijuana caregiver rules
California residents who have a primary caregiver, whether a family member or otherwise, must apply for a medical marijuana card with their caregiver present.
A caregiver cannot apply for a medical marijuana card for themselves or on behalf of their patient. As part of the application or renewal process, caregivers must provide proof of identity, be photographed, and sign the caregiver declaration portion of the application form.
Legal history and framework
1996: California leads medical legalization in the U.S.
- California voters pass Proposition 215, or the Compassionate Use Act
- This makes California the first state to legalize medical marijuana
- Protects qualified patients and caregivers from criminal prosecution
- Allows cultivation and possession for medical treatment of serious illnesses
- Creates a framework for physician recommendations in place of prescriptions
2003: Medical program framework
- Senate Bill 420 establishes the Medical Marijuana Program Act
- Creates state-authorized medical marijuana identification card system
- Sets possession limits for patients and caregivers
- Allows formation of patient collectives and cooperatives
- Provides legal protections for qualified medical marijuana users
2016-2018: Recreational legalization
- Proposition 64 (Adult Use of Marijuana Act) passes with 57% approval
- Legalizes possession and sharing of up to one ounce of cannabis for adults 21+
- Allows home cultivation of up to six plants per household
- Creates a framework for licensed commercial cannabis businesses
- Retail sales begin January 1, 2018, through newly licensed dispensaries
2022: Cannabis reform package
- California passes comprehensive legislation to modernize the state's cannabis industry
- Establishes framework for future interstate cannabis commerce
- Creates process for clearing past cannabis conviction records
- Protects employees from discrimination for legal off-duty cannabis use
- Streamlines licensing and regulatory compliance
2024: New regulations
- Department of Public Health restricts hemp-derived products
- Bans hemp-derived products containing any amount of THC or other "intoxicating cannabinoids"
- Prohibits all hemp product sales to anyone under 21
2025: Cannabis cafe law
- AB 1775 allows dispensaries and lounges to serve food and drinks
- Permits non-alcoholic beverage service at cannabis businesses
- Authorizes live music and entertainment at consumption venues
- Creates a framework for Amsterdam-style cannabis cafes
- Limited to jurisdictions that choose to allow such establishments
Oversight
The California Department of Cannabis Control (DCC) is the state's Department of Consumer Affairs agency responsible for regulating cannabis businesses.
The DCC oversees:
- Licensing and regulation of commercial cannabis businesses
- Product safety standards and testing requirements
- Track-and-trace system implementation
- Enforcement of state cannabis regulations
- Consumer protection and education initiatives
Local control
Cities and counties in California maintain authority to:
- Issue or deny local business licenses
- Restrict or prohibit any cannabis business activities
- Set zoning requirements for cannabis businesses
- Establish additional regulations beyond state requirements
- Collect local cannabis taxes and fees
This map of cities and counties that shows where cannabis is allowed in California.
California cannabis product safety and testing
The DCC requires state-licensed laboratories to test flower and other cannabis products to ensure they are free of contaminants and labeled accurately.
These labs measure the levels of cannabinoids, terpenes, residual solvents, processing chemicals, residual pesticides, heavy metals, microbial impurities, mycotoxins, moisture content, and foreign material.
State-licensed testing labs must be accredited under standards set by the International Organization for Standardization and the International Electrochemical Commission, among other quality assurance guidelines. Batches of goods that fail testing get destroyed. When this happens, manufacturers must receive DCC approval for a remediation plan to remove contaminants and pass new tests before selling their product.
Out-of-state visitors
Are you looking to buy weed in California as a visitor from another state? You can purchase cannabis for recreational use under the same restrictions as Californians.
The same purchase and consumption limits apply. California does not accept medical marijuana cards issued by other states, although some states do offer forms of reciprocity.
It's still against the law to transport weed from California to another state, even if you're traveling somewhere where cannabis is also legal.
FAQ
When did California legalize recreational weed?
California legalized recreational cannabis in November 2016 with the passing of Proposition 64, also known as the Adult Use of Marijuana Act. Recreational weed sales began in January 2018.
When did California legalize weed for medical use?
In November 1996, California became the first state to legalize medical cannabis with the passing of Proposition 215, or the Compassionate Use Act.
When is it legal to grow weed in California?
You can grow weed in California whenever you want. State and local regulations may limit the amount and location of cannabis you can cultivate as a recreational or medicinal user.
What places in California legalized weed?
Weed is legal for recreational and medicinal use and cultivation everywhere in California. Some cities and counties in California prohibit cannabis sales or other commercial activities.
What happens if you get caught smoking weed in public in California?
Under state law, smoking or ingesting cannabis in a public place where tobacco is banned or within 1,000 feet of a school, daycare center, or youth center while children are present may be punishable by fines up to $250. Possession and cultivation in excess of legal limits are misdemeanor offenses that may incur additional fines and/or jail time.
Are edibles legal in California?
You bet. Edibles are legal for recreational and medicinal use in California. You can purchase and possess up to 8 grams worth of cannabis in edible form. For reference, edible weed products in California are allowed to contain up to 100 milligrams of THC per package and 10 milligrams of THC per serving.
The information contained in this site is provided for informational purposes only and should not be construed as medical or legal advice. Weedmaps makes no representation that the content contained here is current, accurate, or without errors. This page was last updated on June 23, 2025.