Cannabis Laws In California: What You Need To Know

California's cannabis laws have undergone significant changes since the state first decriminalised the possession of small amounts of marijuana in 1975. In 1996, California became the first state to allow medicinal cannabis use when voters passed the Compassionate Use Act. Today, cannabis is legal in California for both medicinal and recreational adult use. However, cannabis remains illegal under federal law, and individuals cannot use or possess it on federal lands such as national parks.

California's cannabis industry is strictly regulated to ensure business safety, product quality, and consumer protection. Statutes, regulations, and ordinances work together to set rules for businesses and consumers. Statutes are statewide laws, while regulations are more specific rules created by state agencies like the Department of Cannabis Control (DCC). Ordinances are rules created by cities and counties for their local communities.

Cannabis retailers must have a license from the DCC, which enforces strict rules to prevent sales to minors, ensure product testing, and guarantee accurate labelling of THC and CBD content. Adults in California can purchase and possess up to 28.5 grams of non-concentrated cannabis, 8 grams of concentrated cannabis, and 6 immature cannabis plants per day. Medical marijuana patients have higher possession limits and can buy more cannabis each day if their physician recommends it.

There are also laws in California that restrict cannabis use in certain places, such as in public areas, within 1,000 feet of schools, daycares, or youth centres while children are present, and in vehicles. Driving under the influence of cannabis is illegal, and having an open container of cannabis in a vehicle is prohibited.

Possession and purchase limits

In California, cannabis is legal for medicinal and adult (recreational) use. However, possession and purchase limits vary depending on whether the user is a medicinal or adult-use consumer.

Adult-Use Possession and Purchase Limits

According to Proposition 64, also known as the Adult Use Marijuana Act (AUMA), adults over 21 can legally possess up to 28.5 grams (one ounce) of non-concentrated cannabis, no more than eight grams of concentrated cannabis, and up to six immature cannabis plants per day.

Medicinal Possession and Purchase Limits

Medicinal users have higher possession limits. With a physician's recommendation, medicinal users can possess up to eight ounces of dried cannabis or the plant conversion as provided for in the Health and Safety Code. They can also grow up to six mature or twelve immature plants.

Rules for Minors

It is illegal for minors under 18 to possess or purchase cannabis. If a minor is found in possession of any amount of cannabis, they may be required to undergo drug counseling and community service.

Where to Buy

Both adult-use and medicinal cannabis can be purchased at retail outlets licensed by the California Department of Cannabis Control (DCC). Retailers must display their state license, which can be verified by scanning the QR code on the license certificate.

Other Considerations

It is important to note that cities and counties in California may have stricter laws and additional regulations regarding cannabis possession and purchase limits. It is always advisable to check the local laws in your specific area.

Where you can use it

In California, you can use cannabis on private property, but not in public places like restaurants or bars. This includes parks and sidewalks, as well as business and residential areas.

You cannot consume cannabis within 1,000 feet (or within 600 feet, according to another source) of a school, daycare centre or youth centre while children are present.

Property owners can ban the use of cannabis on their privately-owned property. If you are renting, check your rental agreement for any restrictions.

Most hotels do not allow guests to use cannabis in their rooms, so be sure to check the hotel's policy. If you are staying in a vacation rental, check with the property owner about the rules for your stay.

Cannabis is illegal under federal law, so you cannot use or possess it on federal lands, such as national parks. This includes parks that are in California, like the Presidio, Alcatraz Island, the Marin Headlands, and Ocean Beach.

You can grow up to six cannabis plants at home if you are over 21 years old.

Driving with cannabis

Driving under the influence of cannabis is illegal in California. The state does not acknowledge any acceptable or safe level of marijuana usage for drivers. Even if you believe you can drive safely after using marijuana, you can still be prosecuted under California's Vehicle Code 23152 (e).

The impairing effects of marijuana on driving are well-documented. Marijuana affects the part of the brain that controls body movement, balance, and coordination, and can impair judgment and memory. Studies show that driving while under the influence of marijuana negatively impacts attentiveness, perception of time and speed. The impairing effect is strongest during the first 30 minutes after consumption, with people who drive immediately after using marijuana increasing their risk of a crash by 25 to 35 percent.

The consequences of driving while high can be severe, with the California Highway Patrol (CHP) estimating the cost of an offense at approximately $13,500, including insurance hikes, attorney and legal fees, restricted licensing, and days off work to go to court. A conviction for driving under the influence can also result in imprisonment, fines, and a suspended or revoked license.

Police use physical tests, erratic driving, field sobriety test results, and physical symptoms such as red eyes and dilated pupils to identify drivers impaired by marijuana. If you are found to be driving with an open container of cannabis, you will be in violation of the law. To avoid breaking the law, any cannabis in your vehicle must be in a sealed package or container and stored in the trunk.

Labelling and packaging requirements

The California Department of Public Health (CDPH) sets the labelling guidelines for cannabis products sold in California. These guidelines are strict, and failure to comply can result in fines or the loss of one's license.

Primary and Information Panels

Cannabis labels in California are divided into two sections: the primary panel and the information panel. The primary panel is typically located on the front or top of the package and contains the most important information. The information panel may be located on the back of the packaging, beneath the primary panel, or anywhere else that is visible. This panel contains the required information that does not need to be front and centre.

Primary Panel Requirements

The primary panel must include:

• A product identifier, such as the common or usual name or description of the item.
• The product's net weight or volume in both metric and U.S. customary units.
• California's universal symbol, printed in black or white with a contrasting background, measuring at at least 0.5" by 0.5".

Information Panel Requirements

The information panel must include:

• The UID number (tracking number issued by California's Track-and-Trace system).
• Licensee information, including the name, phone number, or website.
• The date (month, day, and year) the product was packaged for retail sale.
• A government warning statement in bold, capital letters.
• The cannabinoid content in percentages, including THC, CBD, and any other cannabinoids present in concentrations exceeding 5%.

Additional Requirements for Manufactured Cannabis Products

For manufactured cannabis products, such as edibles, concentrates, and topicals, the primary panel must also include the words "cannabis-infused" or "cannabis infused" in bold type and a text size larger than the text used for the product identity.

The information panel for these products must include:

• Manufacturer information, including the legal name or registered DBA, along with valid contact information (phone number or website).
• Batch or lot number, also known as the code number or lot code, which is the unique ID number assigned to a batch of products for inventory tracking.
• Date of manufacture/packaging, including the month, day, and year.
• Expiration or use-by date, if applicable.
• A list of ingredients, including plant ingredients, edible ingredients, flavour enhancers, artificial colourings, carrier liquids, base liquids, and any other consumables.
• Allergens, with a separate disclosure for any of the major food allergens (soy, milk, eggs, wheat, tree nuts, peanuts, fish, or shellfish).
• Nutrition information, including total fat, carbohydrates, sodium, and sugar per serving in grams or milligrams (only for edibles).
• CRV recycling information (only for beverage manufacturers).
• Instructions for preparation and/or use.
• The words "KEEP REFRIGERATED" or "REFRIGERATE AFTER OPENING" for perishable products only.
• The statement "FOR MEDICAL USE ONLY" if the THC content is too high for the adult-use market.
• The government warning statement (see above).
• The cannabinoid content in percentages, including THC and CBD content per package and, for edibles and concentrates with designated serving sizes, per serving.

Other Requirements

Other important requirements for cannabis labels in California include:

• Product packaging cannot be designed to appeal to children.
• All print must be clear and legible, with a minimum font size of 6 pt.
• All labelling must be visible on the outer packaging.
• Peel-back labels or inserts may be used for small packaging that cannot accommodate all the information.
• All required information must appear on the packaging; directing buyers to a website is not acceptable.
• County names may not be included unless the product was 100% grown in that county.
• Misleading information and unproven health claims are prohibited.
• Photos of the product are not allowed.

Packaging Requirements

In addition to the strict labelling requirements, cannabis products sold in California must also comply with specific packaging standards. These include:

• Resealable packaging for products with more than one serving.
• Opaque packaging for edible cannabis products.
• Child-resistant packaging.

Advertising and marketing rules

California's cannabis market is highly regulated, and businesses must be careful to comply with the state's strict rules on advertising and marketing. Here is a summary of the key points:

• All advertisements must clearly identify the licensee responsible for the content by displaying their license number.
• Advertisements must be targeted at people over the age of 21. This means that at least 71.6% of the expected audience must be 21 or older. This applies to all forms of advertising, including broadcast, cable, radio, print, and digital communications.
• Licensees must use a method of age affirmation to verify that the recipient is 21 or older before engaging in direct, individualized communication or dialogue.
• All advertising must be truthful, appropriately substantiated, and not misleading.
• Advertisements must not be placed within 1,000 feet of a daycare, school, playground, or youth center.
• Billboards and similar signage advertising cannabis are prohibited on Interstate Highways or State Highways that cross the California border.
• Companies cannot give away cannabis products or accessories for free or as a promotion. However, they can donate cannabis to patients.
• Advertisements must not make any false or misleading statements about the health benefits of cannabis. Any health-related statements must be supported by scientific evidence and widely accepted within the scientific community.
• Marketing materials must not be attractive to children.

Frequently asked questions