How Much Marijuana Can I Legally Possess in California?
If you live in California, you probably know that the possession of marijuana became legal here in 2016 and that it’s now possible to buy legal marijuana at government-regulated dispensaries. However, the rules around how much marijuana you can possess at any one time can be confusing, with different rules for medical cardholders and recreational users. Possession limits also vary depending on whether the marijuana is in plant, flower, or a concentrated form.
Rules for Recreational Users
All adults over the age of 21 in California may now purchase and possess marijuana for personal use. The limits below apply to anyone who does not hold a Medical Marijuana Identification Card. Possession of marijuana above these limits is still a misdemeanor punishable by a $500 fine and up to six months in county jail.
- Flower (Smokable) Form
It is legal for all adults over the age of 21 in California to possess up to one ounce, or 28.5 grams, of smokable marijuana flower. This is the largest amount that you’ll see sold at any one time at a recreational dispensary.
- Concentrated (Hashish Oil) Form
Marijuana “edibles” contain the concentrated — or hashish oil — form. This oil is often sold as a stand-alone product, and adults over 21 may possess up to eight grams of it.
- Plants for Personal Cultivation
California law also allows adults over the age of 21 to grow up to six marijuana plants at once per household. This limit applies even if more than one adult is lives in the residence — the rule is six plants per household, not six per adult.
County and local governments may ban outdoor cultivation, but not indoor plants grown in private residences. However, private landlords are entitled to prohibit tenants from growing marijuana in a building they own.
Rules for Medical Users
Californians can still obtain a Medical Marijuana Identification Card if they have one of the many qualifying disabilities and conditions, including:
- Arthritis
- Cancer
- Chronic pain
- Migraines
- Glaucoma
- Seizures
Anyone over the age of 18 with a qualifying condition may obtain a medical marijuana card with a doctor’s recommendation, and minors may do so if they also have parental consent. (See Medical Marijuana Identification Card Program).
Medical marijuana users are exempt from paying the state sales tax imposed on products sold at licensed dispensaries. They may also legally possess higher amounts at one time than recreational users.
- Flower (Smokable) Form
Any medical marijuana cardholder may possess up to 8 ounces of marijuana at one time. In some circumstances, a cardholder or their caregiver may possess a higher quantity if they have a doctor’s recommendation stating that the larger amount is necessary to treat the cardholder.
- Concentrated (Hashish Oil) Form
Medical marijuana cardholders aren’t automatically entitled to possess a higher amount than the 8 grams of concentrated hashish oil allowed for other adults. However, you’re allowed to have more with a doctor’s recommendation stating it is medically necessary.
- Plants for Personal Cultivation
Under state law, medical marijuana cardholders may use an area of up to 100 square feet to cultivate marijuana for personal use only. A caregiver with up to five patients may use up to 500 square feet to grow marijuana for those patients’ personal use.
However, it’s important to note that many counties and localities have additional regulations or require medical cultivators to obtain a license if growing more than six mature plants at one time. Check the rules in your county before cultivating more than six plants. (See County Cannabis Ordinances).
If you’ve been charged with a crime related to the possession of marijuana, you may have a valid defense. An experienced criminal defense attorney can review your case to determine if your possession or cultivation of marijuana was truly illegal.
If you are facing drug charges in Orange County, CA, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free consultation with a member of our law firm.
