California

1. Overview of Cannabis and Hemp Laws

Cannabis:

• Recreational Use: Recreational cannabis was legalized in 2016 through Proposition 64 (Adult Use of Marijuana Act), permitting adults 21 and older to possess and use cannabis within specified limits.
• Medical Use: Medical cannabis was legalized in 1996 by Proposition 215 (Compassionate Use Act), marking the first medical cannabis law in the U.S.​.

Hemp Intoxicants and Synthetic THC:
California law prohibits synthetic THC products, including Delta-8 and other hemp-derived intoxicants, making their sale and possession illegal statewide​.

2. Historical Context

• 1972: Proposition 19, an early attempt to legalize cannabis, failed.
• 1996: Proposition 215 legalized medical cannabis, making California the first state to allow medical use.
• 2003: Senate Bill 420 established a structured medical cannabis program, clarifying limits on possession and cultivation for patients.
• 2016: Proposition 64 legalized recreational cannabis for adults, expanding legal access statewide​.

3. Recreational Cannabis Laws

• Possession Limits: Adults 21 and older may possess up to 28.5 grams of cannabis and 8 grams of concentrated cannabis.
• Cultivation: Adults may cultivate up to six cannabis plants per residence for personal use.
• Public Use: Public consumption is prohibited except in licensed areas designated for cannabis use.
• Sale and Retail: Licensed dispensaries may sell cannabis products, with daily purchase limits set according to state law​.

4. Medical Cannabis Laws

• Patient Eligibility: Qualifying conditions for medical cannabis include cancer, HIV/AIDS, chronic pain, and other severe illnesses.
• Product Access: Permitted product types include edibles, tinctures, oils, and smoked cannabis, though some local jurisdictions may limit the sale of raw plant material.
• Program Details: Patients must obtain a physician’s recommendation and can register through county programs to receive a medical marijuana identification card​.

5. Hemp-Derived Intoxicants

• Regulatory Status: California prohibits synthetic hemp-derived THC products, such as Delta-8 THC, from sale and possession within the state.
• Testing and Labeling Requirements: Non-intoxicating hemp products must undergo rigorous testing and labeling, with batch testing for potency and contaminants.
• Age and Retail Restrictions: Non-intoxicating hemp products are available for adults 21 and older, but intoxicating or synthetic cannabinoids cannot be legally sold​.

6. Criminal Penalties for Cannabis Offenses

• Possession: Possessing more than 28.5 grams of cannabis or over 8 grams of concentrate is a misdemeanor, punishable by up to $500 in fines or six months in jail.
• Sale and Distribution: Unauthorized sale of cannabis is a felony, with penalties of 2–4 years in prison.
• Trafficking and Cultivation: Cultivation or trafficking beyond legal limits without a license is treated as a felony, with sentences of up to 3 years in prison​.

7. Social Equity Programs

• Eligibility Criteria: California’s Cannabis Equity Act provides resources for individuals from communities disproportionately impacted by past cannabis enforcement. Eligibility often depends on factors such as income, area of residence, and cannabis-related criminal history.
• Licensing Benefits: Social equity applicants may receive benefits like priority processing, reduced fees, and grants.
• Additional Support: Social equity programs offer resources such as business planning, regulatory compliance assistance, and technical support through state and local initiatives​.

8. Business Types and Operations

• Licensing Types: California offers licenses for a range of cannabis business activities, including cultivation, retail, manufacturing, distribution, testing, and microbusinesses.
• Regulatory Requirements: Licensed businesses must comply with California’s operational standards, including security measures, record-keeping, and seed-to-sale tracking, to maintain regulatory compliance​.