California Marijuana Compliance
California was the first state to legalize medicinal marijuana. Since then, California marijuana laws have also legalized the use of recreational marijuana.
That has big implications for employers. Since January 1, 2024, if you have five or more employees, you generally can't refuse to hire, fire, or penalize someone for using cannabis off the clock and away from work. You also can't act on a test that only finds nonpsychoactive cannabis metabolites. You can still ban possession, use, and impairment on the job and keep a drug-free workplace policy.
It's important for business owners to familiarize themselves with marijuana state vs. federal laws. Below are answers to common questions regarding California marijuana compliance laws.
Register for a drug test online by clicking the "Register Now" button below. You can also call (888) 378-2499 with any questions about our drug testing services.
This Information Is Not Intended for Legal Purposes
The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Since marijuana testing regulations can vary, we advise you to seek the guidance of expert legal counsel when creating your company's substance abuse screening program.
California Marijuana Compliance
California Marijuana Laws
Overall Status: Fully Legal
California permits adult-use cannabis for people 21 and older. Medical access follows separate rules; people 18 and older may purchase medicinal cannabis with a physician's recommendation.
Medical Marijuana: Legal
In 1996, California was the first state to legalize marijuana for medicinal use. The Department of Cannabis Control (DCC) sets regulations for marijuana businesses.
Medical patients and recreational users don't follow quite the same rules. For medical marijuana patients, there can be higher possession and cultivation limits according to their physician's recommendations.
Decriminalized: Yes
Adults 21 and older may generally possess up to 28.5 grams of cannabis flower and eight grams of concentrated cannabis. They may cultivate up to six living plants per private residence. Medical consumers may have different allowances.
Selling cannabis or possessing it for sale without the required authorization is illegal. Even licensed shops need approval from both the state and their local government.
Proposition 64 also helped people with prior cannabis convictions. If what they did is no longer a crime, or now counts as a lesser one, they can petition to have the record dismissed, sealed, reduced, or resentenced.
Recreational Marijuana: Legal
California voters approved Proposition 64, the Adult Use of Marijuana Act, on November 8, 2016. Adult-use possession and personal cultivation became legal November 9, 2016, for people 21 and older, subject to statutory restrictions. Licensed recreational retail sales began January 1, 2018.
Last updated 10/28/2026
Frequently Asked Questions
Is marijuana legal in California?
Yes. Anyone 21 or older can buy and have marijuana, within the state’s limits. If you’re 18 to 20, you can only buy it for medical use with a doctor’s recommendation. Federal law still restricts it, though, and employers can still ban it on the job.
How can marijuana be legal in the state and illegal federally?
State and federal law are two separate systems. California as a state can decide what's legal under its own laws, but it can't change federal law.
On April 28, 2026, marijuana covered by qualifying state medical licenses moved to federal Schedule III. Recreational marijuana remained in federal Schedule I.
For DOT-regulated employers, nothing changes. Cannabis being legal at the state level doesn't create an exemption.
What is California's history with marijuana?
Voters approved Proposition 64 in November 2016, authorizing adult-use possession and personal cultivation. Licensed recreational retail sales began January 1, 2018.
What is the punishment for possession in California?
It depends on your age and how much you have. For example:
- Under 18 years old often get no fines. They have to complete a drug education course or community service. Penalties for marijuana possession on school grounds are more strict.
- For 18-20 years old, up to 28.5 grams of unauthorized marijuana (or 8 grams of concentrate or less) is usually an infraction. The fine is not usually more than $100.
- For people 18 years old and older, over an ounce of flower or 8 grams of concentrate can mean a misdemeanor. The exception to this is if a medical recommendation or legal home grow covers it. Otherwise, the penalty can be up to six months in county jail, a fine of $500, or both.
Drug Panels That Exclude Marijuana
Urine Drug Panels That Exclude Marijuana Testing
Some of the popular drug panels that remove marijuana testing are listed below:
Also try taking a look at our comprehensive list of urine drug tests that exclude marijuana, where you'll find a complete list of drug tests that do not include THC testing under the "Exclude Marijuana" section.
Hair Drug Panels That Exclude Marijuana Testing
Two of our popular hair tests allow for the option to exclude marijuana from the panel of substances being tested. These include:
For a complete list of our hair drug tests, take a look at our comprehensive list of hair tests.
Drug Panels That Include Marijuana
Urine Drug Panels That Include Marijuana Testing
Many of our testing options include marijuana testing. Below are some of the most popular urine drug tests including marijuana:
Also try taking a look at our comprehensive list of urine drug tests that include marijuana.
Hair Drug Panels That Include Marijuana Testing
Our variety of hair drug tests include many options for marijuana testing. Some of the most commonly ordered hair drug tests are:
A comprehensive list of the hair drug tests that we offer can be found here.