California Marijuana Law

Updated July 23, 2024

*Legal Disclaimer

Current Status: Legalized

In November 2016, California passed Proposition 64, also known as the Adult Use of Marijuana Act, legalizing recreational marijuana use for adults over the age of 21. This came after the state had already legalized medical marijuana in 1996 with Proposition 215, also known as the Compassionate Use Act.

Public Consumption Laws

While Proposition 64 legalized the possession and use of marijuana for adults, it also prohibits smoking or consuming marijuana in public places. This includes parks, sidewalks, and any other public spaces. Violating this law can result in a fine of up to $100.

Cannabis DUI Laws

Just like with alcohol, it is illegal to operate a motor vehicle while under the influence of marijuana. The consequences for a cannabis DUI in California can include fines, license suspension, and even jail time depending on the circumstances of the offense. Additionally, driving while under the influence of marijuana can also result in an increase in insurance rates and may have long-term effects on one's driving record.

Cultivation Laws

Under Proposition 64, adults over the age of 21 are allowed to grow up to six plants for personal use. However, there are regulations in place such as not being able to grow marijuana within a certain distance from schools or other areas where children may be present. It is important for individuals to familiarize themselves with these laws and regulations before growing their own marijuana.

Possession Laws

Under current California law, adults over the age of 21 are allowed to possess up to one ounce (28.5 grams) of marijuana. Possession of more than this amount can result in fines and potential jail time.

Brief Legislative History

• 1996: California passes Proposition 215, legalizing medical marijuana use.
• 2016: Proposition 64, also known as the Adult Use of Marijuana Act, is passed legalizing recreational marijuana use for adults over the age of 21.
• 2020: Senate Bill 34 is signed into law, allowing licensed retailers to provide free cannabis products to low-income individuals who have been convicted of a marijuana-related offense prior to the legalization of recreational use.

*The information provided in this communication is for general informational purposes only and does not constitute legal advice. For legal advice specific to your situation, please consult a licensed attorney.