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

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.

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.

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.

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.

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

• DCC: What's legal
• DCC: Text of regulations (section 15409)
• Judicial Council of California: Prop 64 guide (Couzens and Bigelow)
• California DMV handbook: Alcohol and drugs
• Cal/OSHA State OSHA Annual Report FY 2023 (SB 626 summary)
• CDPH: AB 8 FAQ
• DCC: Federal rescheduling resources
• CDTFA: Tax guide for cannabis retailers
• National Park Service: Sequoia and Kings Canyon, where can I
• California Health and Safety Code section 11362.2
• CDTFA Law Guide: Revenue and Taxation Code section 6369.6
• Health and Safety Code section 11362.77

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.