Marijuana possession is legal for many adults in California, but legalization did not make every form of cannabis possession lawful. Age, the amount possessed, where the cannabis is possessed, how it was obtained, and whether there is evidence of unlawful sales or distribution can all affect whether conduct is legal.
California voters legalized adult recreational cannabis use through Proposition 64. As a result, adults 21 and older may generally possess specified amounts of cannabis for personal use.
However, California continues to regulate cannabis possession, cultivation, sales, transportation, and use. Conduct outside the limits of California law can still result in criminal charges.
How Much Marijuana Can You Legally Possess in California?
An adult who is 21 or older may generally possess for personal use:
- Up to 28.5 grams of non-concentrated cannabis
- Up to 8 grams of concentrated cannabis
California law also generally permits adults 21 and older to possess, plant, cultivate, harvest, dry, or process up to six living cannabis plants for personal use, subject to state and local restrictions.
Possession within these limits does not mean cannabis can be possessed or used anywhere or under any circumstances.
What If You Possess More Than the Legal Limit?
Possessing cannabis in excess of California’s lawful adult-use limits can still result in criminal consequences.
The applicable law and potential penalty depend on factors such as:
- The amount and type of cannabis
- The person’s age
- Where the cannabis was possessed
- Whether the cannabis was intended for personal use or sale
- Whether cultivation or distribution is involved
- The person’s prior record and other circumstances
A case involving possession slightly above the personal-use limit is very different from one involving allegations of unlawful cultivation, possession for sale, or distribution.
What Are the Rules for People Under 21?
California’s adult-use cannabis laws generally apply to people who are 21 or older.
People under 21 are subject to different rules.
California also maintains a separate medicinal-cannabis framework. A person who is 18 or older may qualify to use medicinal cannabis with a physician’s recommendation, and different possession limits can apply to qualifying medicinal users.
A medical recommendation should not be confused with unrestricted permission to possess, use, cultivate, transport, or sell cannabis.
Can You Possess Marijuana at a School?
California law imposes additional restrictions involving cannabis on school grounds and in other sensitive locations.
The legality and consequences can depend on the person’s age, the amount possessed, the location, and whether school is open for classes or school-related programs.
A person should therefore not assume that otherwise lawful adult possession makes cannabis possession lawful on school property.
Can You Use Marijuana in Public?
California’s legalization of cannabis does not generally authorize public consumption.
Cannabis use is generally permitted on private property subject to applicable restrictions, but state and local laws limit where cannabis can be smoked or consumed.
Property owners can also prohibit cannabis use on privately owned property.
In addition, smoking cannabis is prohibited in many locations where smoking tobacco is prohibited.
Can You Have Marijuana in a Vehicle?
California’s adult-use cannabis laws do not authorize driving while impaired by cannabis.
There are also separate rules concerning cannabis in motor vehicles, including restrictions involving open containers or open packages.
Lawful possession of cannabis therefore does not mean a person can use cannabis while driving or drive while impaired.
For information about driving-related cannabis offenses, see our guide to marijuana DUI in California.
What About Possession of Marijuana for Sale?
Possession for personal use and possession for sale are different offenses.
California continues to regulate commercial cannabis activity. A person who possesses cannabis with the intent to sell it outside California’s lawful licensing framework can face criminal charges even when possession of the same amount for lawful personal use might otherwise be permitted.
Whether prosecutors can establish intent to sell may depend on the circumstances and evidence in the case.
Evidence sometimes relied upon can include:
- The amount of cannabis
- How it was packaged
- Cash or transaction records
- Communications or electronic evidence
- Scales or packaging materials
- Statements attributed to the defendant
- Other evidence allegedly indicating sales activity
No single fact necessarily determines whether possession was for personal use or for sale.
Is It Legal to Grow Marijuana at Home?
California generally allows an adult 21 or older to cultivate up to six cannabis plants for personal use.
Cultivation remains subject to restrictions.
Cities and counties may impose reasonable regulations concerning personal cultivation, and rules concerning where plants are grown, security, visibility, residences, and other conditions can apply.
Cultivation beyond what California law permits can result in legal consequences, particularly when the circumstances suggest unlawful commercial activity.
What If Police Found Marijuana During a Search?
Even when the substance itself was possessed unlawfully, the manner in which police discovered and seized the evidence can be important.
Depending on the circumstances, a defense may involve questions concerning:
- The legality of a traffic stop
- Whether officers had a lawful basis for a search
- Whether consent to search was actually given
- The scope of any consent
- Whether a warrant was required
- Whether an exception to the warrant requirement applied
- Whether the defendant actually possessed or controlled the cannabis
- Whether the defendant knew the cannabis was present
The legality of cannabis in many circumstances does not eliminate constitutional protections against unreasonable searches and seizures.
What Does “Possession” Mean?
Possession does not necessarily require that cannabis be found in someone’s pocket or physically held in their hand.
A possession allegation can involve actual or constructive possession.
The prosecution may attempt to establish possession by showing that a person knowingly exercised control over the cannabis or had the right to control it.
This can become important when cannabis is found in a shared vehicle, residence, bag, room, or other location accessible to more than one person.
Mere proximity to cannabis does not necessarily establish knowing possession.
Can Marijuana Possession Still Lead to Other Criminal Charges?
Yes.
Even when simple personal possession itself is lawful, the surrounding conduct may create separate legal issues.
Depending on the circumstances, a cannabis-related investigation can involve allegations concerning:
- Possession for sale
- Unlawful sales or distribution
- Unlawful cultivation
- Providing cannabis to a person under 21
- Driving under the influence of cannabis
- Possession in prohibited locations
- Other offenses discovered during the investigation
That is why the legality of a cannabis case cannot always be determined simply by asking how much marijuana was found.
California Marijuana Law Has Changed Significantly
California cannabis law today is substantially different from the law that existed before adult-use legalization.
Conduct that once resulted in a marijuana-possession charge may now be lawful, while conduct involving excessive quantities, minors, unlawful sales, prohibited locations, or other circumstances can remain illegal.
A current analysis should therefore be based on today’s California cannabis laws rather than older rules that predate Proposition 64.
Learn More About California Drug Charges
Cannabis possession is only one part of California drug law.
For information about other controlled-substance offenses, possession for sale, drug investigations, and potential defenses, visit our Fresno Drug Crimes Attorney page.
If your case involves driving after cannabis use, see our guide to California marijuana DUI and our Fresno marijuana DUI defense page.
Talk to a Fresno Criminal Defense Attorney
If you have been accused of an unlawful marijuana or other drug-related offense in Fresno or elsewhere in Central California, the specific substance, amount, circumstances of possession, and manner in which the evidence was obtained should be reviewed carefully.
Gregory W. Fox has more than 20 years of experience defending people accused of California criminal offenses.
Call the Law Office of Gregory W. Fox at (559) 222-5800 to request a confidential consultation.