California Cannabis & Substances Laws (2026)

California 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.

In California, Delta-8 THC exists in a legal gray area, but is increasingly treated like recreational cannabis. While not explicitly illegal if derived from hemp, Assembly Bill 8 (2025) has closed the loopholes that allowed for unregulated sales. Now, any intoxicating cannabinoid, including Delta-8, must be sold through licensed cannabis dispensaries, subjecting it to the same rigorous testing, labeling, and age restrictions as traditional marijuana. This means that while you can legally buy Delta-8 in California, you can only do so from a licensed dispensary, not from a smoke shop or gas station.

Hemp-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...

Kratom 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.

Psilocybin 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.

While recreational marijuana is legal for adults 21 and over in California under Proposition 64, the law contains significant complexities. Legal possession does not always prevent law enforcement encounters, particularly in vehicles or near sensitive locations. Enforcement varies significantly by jurisdiction, with some areas focusing on DUIs and unlicensed sales, while others have more relaxed approaches. The legal market is also undermined by a large, persistent illicit market.

Salvia divinorum is restricted in California. Sale to minors is prohibited, but adult possession may be permitted.