As of our most recent review of California marijuana laws and regulations, both medical and recreational marijuana are legal in the state of California. However, local jurisdictions have the authority to regulate or ban marijuana businesses within their borders. This is a summary of the marijuana laws in California as of that date, but you should always check with current local laws to confirm the most recent guidelines and regulations.
California Marijuana Laws 2023
Recreational Marijuana
Recreational marijuana use was legalized in California after the passage of Proposition 64, the Adult Use of Marijuana Act (AUMA), in 2016. Adults 21 and older are allowed to:
- Possess, transport, obtain, or give away up to 1 ounce of cannabis and 8 grams of concentrated cannabis.
- Cultivate up to six plants per residence for personal use. The plants must be out of public view and secure from children.
- Smoke or ingest cannabis in private homes or at businesses licensed for on-site consumption.
It’s important to note that it’s illegal to smoke, vape, or ingest cannabis in public places (unless allowed by local ordinance), within 1,000 feet of a school or youth center while children are present (except in private residences), or on the grounds of a school, day care, or youth center while children are present. It’s also illegal to manufacture concentrated cannabis using volatile solvents without a license.
Medical Marijuana
Medical use of marijuana has been legal in California since 1996, when Proposition 215, the Compassionate Use Act, was passed. This allows patients with a valid doctor’s recommendation, and the patients’ designated Primary Caregivers, to possess and cultivate marijuana for personal medical use.
The Medical Marijuana Identification Card (MMIC) program was set up by the California Department of Public Health’s (CDPH) Medical Marijuana Program (MMP) to facilitate the registration of qualified patients and their caregivers.
Marijuana Businesses
The state allows licensed businesses to cultivate, manufacture, and sell marijuana and marijuana products, with local approval. The state’s three licensing authorities are the Bureau of Cannabis Control (BCC), the California Department of Food and Agriculture (CDFA), and the California Department of Public Health (CDPH).
Driving and Marijuana
It is illegal to drive while impaired, and it is illegal to open a package containing marijuana or any marijuana products while driving, operating, or riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation.
Employment Laws
Employers retain the right to maintain a drug- and alcohol-free workplace and can enforce policies relating to marijuana. Prop 64 does not amend, repeal, affect, restrict, or preempt laws relating to the rights and obligations of public and private employers to maintain a drug and alcohol-free workplace.
Remember, while marijuana is legal in California, it is still illegal under federal law. Additionally, laws can vary by locality, so always check with local regulations and ordinances to ensure compliance.
Remember to always use marijuana responsibly, considering the safety and comfort of others, and do not use marijuana if you are pregnant or could become pregnant, are breastfeeding, or have a history of substance use disorder. If you have questions or concerns about marijuana use, it’s always a good idea to speak with a healthcare provider.
