California Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of California. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
LEGALCalifornia allows hemp-derived CBD products under the California Department of Public Health regulations and the California Industrial Hemp Program (Cal. Food & Agric. Code § 81000 et seq.). Products must contain less than 0.3% THC and meet state labeling and testing standards.
Possession
Legal to possess hemp-derived CBD products with less than 0.3% THC.
Sale
Sale is legal with compliance to state licensing, testing, and labeling requirements.
Penalties
N/A
Age Restriction
None
Delta-8 THC
LEGALCalifornia allows Delta-8 THC derived from hemp under the California Department of Public Health regulations and the Adult Use of Marijuana Act (AUMA). Delta-8 products must comply with state cannabis regulations including testing and labeling. Delta-8 is legal for adults 21 and over.
Possession
Legal for adults 21+.
Retail Sale
Legal with state cannabis license and compliance with testing and packaging rules.
Penalties
N/A
Age Restriction
21+
Delta-9 THC Edibles
LEGALHemp-derived Delta-9 THC edibles (under 0.3% THC by dry weight) are legal in California under the 2018 Farm Bill. Assembly Bill 8 (2025) was passed to close the hemp loophole, prohibiting the sale of intoxicating hemp products outside of the state's licensed and regulated cannabis market, with ch...
Possession
Legal under 0.3% THC by dry weight
Retail Sale
Legal at retail and online
Penalties
Products exceeding 0.3% THC are treated as marijuana.
Age Restriction
21+ in most jurisdictions
Kratom
LEGALKratom is legal in California, with no statewide ban or regulation. However, some local jurisdictions, such as San Diego, have enacted restrictions on kratom sales. State law does not classify kratom as a controlled substance.
Possession
Legal to possess kratom statewide.
Sale
Legal to sell kratom statewide, except in localities with bans (e.g., San Diego).
Penalties
N/A statewide; local penalties may apply where banned.
Age Restriction
None statewide; local restrictions may apply.
Psilocybin / Magic Mushrooms
ILLEGALPsilocybin mushrooms are illegal under California Health and Safety Code § 11378 as a Schedule I substance. However, in 2022, the city of Oakland decriminalized personal possession and use, and in 2023, the state legislature considered but did not pass bills legalizing therapeutic use.
Possession
Illegal statewide; decriminalized in some cities like Oakland and Santa Cruz.
Distribution
Illegal statewide.
Penalties
Penalties include imprisonment and fines under Health and Safety Code § 11350.
Age Restriction
None (illegal for all ages).
Recreational Marijuana
LEGALRecreational marijuana is legal for adults 21+ in California. In 2026, several new cannabis-related bills were introduced in the legislature.
Personal Possession
Adults 21+ may possess up to 28.5 grams (about 1 oz) of flower and 8 grams of concentrate. Home cultivation of up to 6 plants per household is allowed.
Retail Purchase
Legal through licensed dispensaries and delivery services. Local jurisdictions may ban retail sales (many cities and counties have opted out).
Penalties
Possessing over the limit is an infraction ($100 fine) for amounts under 1 oz over. Selling without a license is a misdemeanor or felony depending on amount.
Age Restriction
21+
Salvia
RESTRICTEDSalvia divinorum is restricted in California. Sale to minors is prohibited, but adult possession may be permitted.
Possession
Restricted. Legal for adults
Sale
Illegal to sell to minors
Penalties
Sale to minors results in fines or misdemeanor charges.
Age Restriction
18+