Marijuana And Drugs
Health & Saf. Code 11362.1 — 28.5 grams at 21, and where it stops
In California, a person 21 years of age or older may lawfully possess, transport, buy or give away to other adults without compensation not more than 28.5 grams of cannabis, and not more than eight grams of concentrated cannabis, and may grow not more than six living plants and keep what they produce. Cannabis involved in conduct the section makes lawful is not contraband, and that conduct is not a basis for detention, search or arrest.
- Smoking or ingesting cannabis in a public place, except as the cannabis licensing law allows, is not permitted.
- Nor is smoking it where smoking tobacco is prohibited, or within 1,000 feet of a school, day care center or youth center while children are present, except at a private residence where it cannot be detected.
- Nor is having an open container or package of cannabis while driving or riding in a vehicle.
- Nor is smoking or ingesting it while driving, or while riding as a passenger, with narrow exceptions.
| Unauthorized possession | What the code sets |
|---|---|
| Unauthorized possessionUp to the limit, by a person 18 to 20 | What the code setsAn infraction, with a fine of not more than $100 |
| Unauthorized possessionUp to the limit, by a person under 18 | What the code setsAn infraction, with drug education or counseling and community service |
| Unauthorized possessionMore than the limit, by a person 18 or older | What the code setsUp to six months in county jail, a fine of up to $500, or both |
Possessing one of the controlled substances the section lists, without a prescription, is punishable by up to one year in county jail, and by more only for a person with certain serious or registrable prior convictions. Possessing a device used to unlawfully smoke or inject those substances is a separate offense, which does not reach syringes possessed solely for personal use.
Possession on the grounds of a school while it is open for classes carries its own penalties. Commercial sales, cultivation beyond six plants and the medical cannabis program are not set out here.
Sources for this section (5)
- Health & Saf. Code 11362.1 — Lawful personal use of cannabis by adults 21 and older
- Health & Saf. Code 11357 — Possession of cannabis, and its punishments
- Health & Saf. Code 11362.3 — What the adult use cannabis law does not permit
- Health & Saf. Code 11350 — Possession of a controlled substance
- Health & Saf. Code 11364 — Possession of drug paraphernalia
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.