California marijuana laws 2026: what adults can buy, carry, grow and where to use it

28.5 g

flower an adult can buy in a day and carry

8 g

concentrate an adult can buy in a day and carry

6 plants

home-grow limit for adults 21 and over

15%

state cannabis excise tax since October 1, 2025

The short version of California marijuana laws 2026: adults 21 and over can buy cannabis from a licensed store, up to 28.5 grams of flower and 8 grams of concentrate a day, carry those same amounts, grow up to six plants at home, and use it on private property where the owner allows it. Adults 18 and over can buy medicinal cannabis with a physician’s recommendation. You still cannot use it in public, drive after using it, or take it across state lines, according to the Department of Cannabis Control.

Two things changed going into 2026. Most hemp-derived THC products came off California shelves on January 1 under AB 8, and the federal government moved state-licensed medicinal cannabis to Schedule III. Neither changes the adult-use purchase limits at a licensed California dispensary.

Last reviewed: November 2026.

Is weed legal in California in 2026?

Yes. Cannabis is legal in California for adults 21 and older, and for adults 18 and older with a physician’s recommendation for medicinal use. You must buy from a state-licensed retailer, stay within daily purchase and possession limits, and use it only where it is allowed, which mostly means private property. Cities and counties may set stricter rules.

To check a store, use the license search linked from the DCC page. Licensed retailers must display their state license in the window, with a QR code you can scan. DCC warns that some shops that look legitimate are unlicensed and may sell untested products. The table sums up the core adult-use rules and where each comes from. This guide is general information, not legal advice.

RuleAdult-use (21+)Source
Buying per day28.5 g flower, 8 g concentrate (including concentrate in products), 6 immature plantsDCC regulation 15409
Possessing and carryingUp to 28.5 g cannabis and 8 g concentrated cannabisHealth and Safety Code 11362.1
Growing at homeNot more than 6 living plants per private residence (not per adult); plants and harvest over 28.5 g in a locked space not visible from a public placeHealth and Safety Code 11362.2(a)(3), (a)(2)
Using in publicNot in public places; not where tobacco smoking is banned; not within 1,000 feet of a school, day care or youth center while kids are present (private homes excepted if undetectable)DCC consumer guide
In a vehicleSealed package or in the trunk; no smoking or eating cannabis while driving or ridingDCC; DMV handbook

How much you can buy and carry

DCC regulation 15409 caps what a store can sell one adult-use customer in a day: 28.5 grams of non-concentrated cannabis, 8 grams of concentrate including the concentrate inside edibles, vapes and other products, and six immature plants. A second visit the same day does not reset it.

Adult-use daily limits at a glance

DCC caps on what a licensed store can sell one adult-use customer per day. A second visit does not reset them.

28.5 g/day

Flower

Non-concentrated cannabis, which is also the adult possession limit.

8 g/day

Concentrate

Includes concentrate inside edibles, vapes and other products.

6/day

Immature plants

A retail limit. The home-grow rule separately caps you at six living plants.

Possession limits match. The Judicial Council’s Prop 64 guide summarizes Health and Safety Code section 11362.1: adults 21 and over may possess, transport and give away without payment up to 28.5 grams of cannabis and 8 grams of concentrated cannabis.

Medical patients get more room. The same regulation lets a store sell a medicinal patient up to 8 ounces of dried flower and 12 immature plants a day, or a different amount if the physician’s recommendation says so, and DCC notes that medicinal users have higher possession limits. Our medical card guide explains who qualifies and what the card does.

Where you can and cannot use cannabis

DCC’s rule is short: you can use cannabis on private property, but not in public places such as restaurants or bars. You also cannot smoke it anywhere tobacco smoking is illegal, or within 1,000 feet of a school, day care center or youth center while children are present, unless you are at a private residence and the smoke cannot be detected on the school grounds (Health and Safety Code section 11362.3(a)(3)). Property owners can ban cannabis on their property, so renters should read the lease.

Hotels are the most common surprise. California’s SB 626 took effect January 1, 2024 and ended the exemption that let hotels allow smoking in up to 20% of guest rooms, and DCC says most hotels do not allow cannabis use in rooms at all. Our hotel guide covers the options that remain.

Licensed consumption lounges are the exception to the public-use rule, in cities that permit them. Check the city and the venue before you go.

The block test

One neighborhood, six answers

  • Yes
  • Only if
  • No
  • Only if the owner allows

    Private property

    The one place DCC says use is allowed. Owners and landlords can ban it, so renters should read the lease.

    Home grow: up to 6 plants per home, locked and out of public view

  • No

    Sidewalks, parks, bars, restaurants

    No use in public places, and none anywhere tobacco smoking is banned.

  • No

    Within 1,000 ft of a school

    Or a day care or youth center, while children are present. A private residence is excepted if the smoke cannot be detected on the school grounds.

  • Mostly no

    Hotel rooms

    SB 626 ended the 20% smoking-room exemption in 2024; DCC says most hotels ban use.

  • Sealed or in the trunk

    In the car

    No use by the driver or passengers. Never drive after using cannabis.

  • No, federal law

    National parks, forests, state lines

    Adult-use cannabis is still illegal under federal law, so it cannot cross state lines or go onto federal land.

Sources: DCC, SB 626, DMV driver handbook, Health and Safety Code 11362.2, National Park Service. Cities may set stricter rules. General information, not legal advice.

Driving and carrying cannabis in a car

Never drive after using cannabis. DCC says officers can stop you for a sobriety test if they suspect you are driving a car, boat or other vehicle under the influence. The DMV driver handbook makes it illegal to smoke or eat a cannabis product while driving or riding as a passenger. Any cannabis in the car must be in a sealed, unopened container, or in the trunk.

Leaving the state with cannabis is a federal problem: DCC notes that cannabis remains illegal under federal law, so you cannot take it across state lines or use it on federal land. The National Park Service says use and transport are prohibited in national parks and national forests. More in our guide to traveling with cannabis.

Growing cannabis at home

Health and Safety Code section 11362.2 sets the home-grow rule. Subdivision (a)(3) allows adults 21 and over not more than six living plants within a single private residence, or on its grounds, at one time, so the limit is per home, not per adult. Subdivision (a)(2) requires the plants, and any harvest above 28.5 grams, to be kept in a locked space not visible from a public place. Under subdivision (b), cities and counties cannot ban indoor home grows but can ban outdoor ones, and DCC notes some require permits. The Prop 64 guide adds that six or fewer plants grown in view or unlocked is an infraction with a $250 fine. DCC bans volatile solvents such as butane if you make products at home. Our home-grow guide walks through the rest.

What changed for 2026: hemp and federal Schedule III

Hemp first. The CDPH AB 8 FAQ says that from January 1, 2026, hemp flower, certain hemp pre-rolls and inhalable cannabis products containing hemp-derived THC cannot be sold, offered or provided in California. CDTFA adds that from January 1, 2028, products containing concentrates from industrial hemp will fall under the cannabis excise tax.

Federal next. DCC says the federal government announced the rescheduling of medicinal cannabis on April 28, 2026, under a DOJ and DEA order dated April 22, 2026. Under the order, medicinal cannabis regulated by a state medicinal licensee moved from Schedule I to Schedule III, and those businesses can now seek DEA registration. On June 5, 2026, DCC adopted emergency rules letting retailers split a combined license into separate adult-use and medicinal licenses. Adult-use cannabis stays in Schedule I. Our Schedule III explainer has the details.

California marijuana laws 2026 and taxes

CDTFA sets the state cannabis excise tax at 15% from October 1, 2025 through June 30, 2029, after a 19% stretch from July 1 to September 30, 2025. Under Revenue and Taxation Code section 34011.2, the 15% applies to the retailer’s gross receipts from the sale; it is collected from the customer, shown separately on the receipt, and included in the base for sales tax. Sales tax (7.25% statewide, higher where district taxes apply) and any local cannabis tax come on top. Revenue and Taxation Code section 6369.6 exempts medicinal cannabis from sales and use tax when the patient or primary caregiver gives the seller both a Medical Marijuana Identification Card issued under Health and Safety Code section 11362.71 and a valid government ID; the excise tax still applies.

Scroll the dates

The dates behind the 2026 rules

From CDTFA, CDPH and DCC.

Jan 1, 2024

Hotel smoking rooms end

SB 626 removes the exemption for smoking in up to 20% of guest rooms.

Jul 1, 2025

Excise rises to 19%

The higher rate applies to sales from July 1 through September 30, 2025.

Oct 1, 2025

Excise back to 15%

CDTFA sets 15% through June 30, 2029.

Jan 1, 2026

Hemp THC off shelves

Hemp flower, certain pre-rolls and inhalable hemp-THC products cannot be sold.

Apr 28, 2026

Medical to Schedule III

State-licensed medicinal cannabis moves to Schedule III; adult use stays in Schedule I.

Laws and tax rates change. Recheck the agency pages before relying on a date.

Prices vary by location and change daily, so pick your Vibe store to see current prices on its menu, and our pricing guide for how the taxes stack on a real receipt.

Frequently asked questions

Sources

For adults 21+ (18+ with a physician’s recommendation in California). Keep out of reach of children and pets. Do not drive or operate machinery after use.

Shop legally at your local Vibe

Find your nearest Vibe store for hours, menus and what to bring. Bring a valid government ID.

Find your Vibe store
Share the Post:

Related Posts

Close

Your Cart is Empty

Select weight
Select an order type
WARNING: Switching store locations will clear your cart.

Are you sure you want to continue?

1Vibe Locations

Select your store:

Close

Your Cart is Empty

Sorry! You've added the 1 remaining Koko's Cookies 14g to your cart already.

1Vibe Locations

Select Pickup Location

2Age Limit

Are you 21 years of age?

Loading your store…

Website Feedback

Website Feedback