Index
Criminal LawCalifornia, USA

California Proposition 64 (Legal Marijuana)

Summary

Prop 64 legalized the recreational use, possession, and cultivation of marijuana for adults 21 and older in California.

Rights & Rules

  • 01.
    If you are 21 or older, you can legally possess up to 28.5 grams (about 1 ounce) of marijuana flower and up to 8 grams of concentrated cannabis.
  • 02.
    You can legally grow up to 6 marijuana plants inside your private residence or in an enclosed, locked outdoor space.
  • 03.
    You cannot smoke or vape marijuana in public places, while driving, or anywhere that tobacco smoking is prohibited.
  • 04.
    As of 2024 (under AB 2188), employers in California generally CANNOT fire you or refuse to hire you simply for off-duty marijuana use (testing positive for non-psychoactive cannabis metabolites).

Penalties

  • 01.
    Smoking in public can result in a $100 fine. Possessing more than the legal limit remains a misdemeanor punishable by up to 6 months in jail.

Verified Citations

California Health and Safety Code Section 11362.1

Source
"It shall be lawful under state and local law, and shall not be a violation of state or local law, for persons 21 years of age or older to... Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than 28.5 grams of cannabis..."