In California, recreational cannabis is legal, medical cannabis is legal, and delta-8 THC is banned.
Last verified October 24, 2026 · Last major change January 2026
RecreationalLegalMedicalLegalDelta-8Banned
Is recreational cannabis legal in California?
Legal. Legal for 21+ since Proposition 64 (2016); licensed retail since 2018.
Is medical cannabis legal in California?
Legal. California became the first state to allow medical cannabis when voters passed the Compassionate Use Act (Proposition 215) in 1996; patients need a physician's recommendation.
What are the rules for hemp products in California?
AB 8 (signed Oct. 2, 2025; in effect Jan. 1, 2026) bars sale of hemp products with any detectable THC; starting Jan. 1, 2028, intoxicating hemp may be made and sold only within the licensed cannabis system.
Is delta-8 THC legal in California?
Banned. AB 8 bans products with synthetic cannabinoids, defined to include delta-8, delta-9 or delta-10 THC made by converting CBD; licensed cannabis stores may not sell hemp products until new state rules are adopted.
What happens if you break the law in California?
Adults 21+ may possess up to 28.5 g (about 1 oz) of cannabis and 8 g of concentrate; more is a misdemeanor punishable by up to 6 months in jail and a $500 fine.
Is cannabis or hemp law changing in California?
Changes pending. AB 8 requires the Department of Cannabis Control to adopt rules bringing hemp into the licensed market; from Jan. 1, 2028, intoxicating hemp must be made, tested, taxed and sold like licensed cannabis.
Changes pending on this tracker: A bill, ballot measure, rule change or court case is in progress, or an enacted change has not yet taken effect.
⚠︎ Federal law — affects every state
A federal funding law signed in November 2025 (Public Law 119-37) narrows the legal definition of hemp, and a stopgap funding law signed September 2, 2026 (Public Law 119-103) split its start into two dates. On November 12, 2026, products containing cannabinoids that a cannabis plant cannot produce naturally, such as THC-O, fall outside it. The rest takes effect December 11, 2026, including the exclusion of chemically converted cannabinoids such as delta-8 made from CBD, a 0.3% limit measured as total THC (including THCA), and a limit of 0.4 milligrams of total THC per container.
State rules apply on top of the federal law.
Sources: Public Law 119-103, Sec. 2019 · Congressional Research Service · Akerman LLP
Informational summary drawn from state statutes, official program pages, and published reporting — sources linked per state.
Not legal advice. Laws change quickly; verify with official state sources before acting.
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