Legislation

Legal Status of Cannabis

Cannabis Laws by State

Current Status of Cannabis Laws (as of July 2024)

  • Only 2 states (Idaho and Nebraska) maintain a full ban on both medical and recreational cannabis.

  • In 15 states, medical cannabis is legalized, and patients and caregivers can possess, grow, or use cannabis when recommended by their physicians.

  • In 9 states, some medical cannabis is allowed with limits on the THC content and strict limits on access.

  • For 24 states and the District of Columbia, recreational cannabis for adults aged 21 years or older is allowed in addition to medical cannabis (Figure 1).

California Proposition 64

Cannabis is legal for adults aged 21+ in private places

  • On November 8, 2016, California approved Proposition 64, or the Adult Use of Marijuana Act, which legalized cannabis use by adults aged 21 years or older in private places. 

  • Adults can possess for up to 1 ounce of cannabis, and grow up to 6 cannabis plants in a private residence for personal use.

  • Sales, excise, local, and growing taxes; retail store licensing and zoning; sales to minors; product labeling and quality; cultivation; and other regulations apply, and violations are subject to penalties (Figure 2). 

Figure 2. California Proposition 64 initiatives current requirements
Source: CHSC, SAPC, DCC, LAC CBA, CDTFA, CDPH, FDA

Cannabis crimes can be re-sentenced or re-designated

  • Under Proposition 64, many of the criminal penalties for specific cannabis-related offenses were reduced or eliminated for adults or juveniles.

  • People convicted for violating cannabis laws prior to the passage of Proposition 64 are eligible to apply to a court to reduce or dismiss their prior conviction.

  • Those who are currently serving a sentence or on probation/parole can petition for re-sentencing, while those who have completed their sentence or are no longer under supervision can petition for re-designation of their crime.

  • From November 2016 to September 2022 in Los Angeles County (LAC), there were 2,170 petitions (8% of petitions in California) submitted to the courts for re-sentencing and re-designation. Among them, juvenile petitions accounted for 5% of petitions in LAC (Figure 3).

  • Among adult petitions, 901 (44%) were for re-sentencing, and 1,159 (56%) were for re-designation (Figure 4).

References

California Legislative Information. California Health and Safety Code (CHSC): Section 11357, 11358, 11360, 11362. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml

Los Angeles County Department of Public Health. Substance Abuse Prevention and Control (SAPC). Proposition 64 and Responsible Adult Use of Marijuana. http://publichealth.lacounty.gov/sapc/public/proposition64.htm

Department of Cannabis Control (DCC). Medicinal and Adult-Use Commercial Cannabis Regulations. https://cannabis.ca.gov/

Los Angeles County Consumer & Business Affairs (CBA). https://dcba.lacounty.gov/cannabis-101/

California Department of Tax and Fee Administration (CDTFA). Tax Rates – Special Taxes and Fees. https://www.cdtfa.ca.gov/taxes-and-fees/special-taxes-and-fees-tax-rates/#note2-ref

California Department of Public Health (CDPH). California Cannabis Health Information Initiatives. Adult Use Cannabis Penalties. https://www.cdph.ca.gov/Programs/DO/letstalkcannabis/CDPH%20Document%20Library/Customizable%20Fact%20Sheets/English/CDPH-Adult_Use_Cannabis_Penalties_1213.pdf

U.S. Food & Drug Administration (FDA). FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol (CBD). https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd

Judicial Council of California, Criminal Justice Services (CJS). Criminal Justice Services. California Courts. The Judicial Branch of California. Proposition 64 Data Summary Report. https://www.courts.ca.gov/prop64.htm