US State

Cannabis and hemp laws

California

Recreational and medical marijuana legal; THCA, delta-8, delta-10 and HHC illegal; hemp delta-9 restricted

Adult use
Legal
Medical
Legal
Last reviewed
May 27, 2026

California

Cannabinoid status board

All states and compounds

Delta-10 THC

Illegal

Limits

Delta-10 THC, as a synthetic/chemically converted cannabinoid, is prohibited from California hemp retail under AB 8. Licensed cannabis channel does not generally carry converted delta-10 because DCC laboratory rules reject isomerization residues.

Key law

AB 8 (Stats. 2025, Ch. 248); Cal. Health & Safety Code §111921 and §111921.1; CDPH Emergency Regulations DPH-24-005E; MAUCRSA (B&P Code Div. 10); SB 378 (Stats. 2025, Ch. 411)

Effective

January 1, 2026

Full rules

Delta-8 THC

Illegal

Limits

Delta-8 THC, as a synthetic/converted cannabinoid, is prohibited from California hemp retail under AB 8. Hemp food, beverage, and supplements may contain only CBD or CBN isolate at >99% purity with no THC or synthetics. DCC-licensed cannabis channel does not generally carry chemically converted delta-8.

Key law

AB 8 (Stats. 2025, Ch. 248); Cal. Health & Safety Code §111921 and §111921.1; CDPH Emergency Regulations DPH-24-005E; MAUCRSA (B&P Code Div. 10); SB 378 (Stats. 2025, Ch. 411)

Effective

January 1, 2026

Full rules

Delta-9 THC

Restricted

Limits

Hemp delta-9 food, beverage, and supplements prohibited at California general retail under AB 8 (CBD/CBN isolate at >99% purity with no THC only). Hemp-derived delta-9 inhalables prohibited. Licensed cannabis channel: standard MAUCRSA limits apply (10 mg/serving, 100 mg/package edibles).

Key law

AB 8 (Stats. 2025, Ch. 248); Cal. Health & Safety Code §111921 and §111921.1; Proposition 64 (2016); MAUCRSA (B&P Code Div. 10); CDPH Emergency Regulations DPH-24-005E; SB 378 (Stats. 2025, Ch. 411)

Effective

January 1, 2026

Full rules

HHC

Illegal

Limits

HHC (hexahydrocannabinol), produced by hydrogenation of hemp-derived CBD or delta-9, is prohibited from California hemp retail under AB 8 as a synthetic cannabinoid. DCC-licensed cannabis channel does not generally carry HHC.

Key law

AB 8 (Stats. 2025, Ch. 248); Cal. Health & Safety Code §111921 and §111921.1; CDPH Emergency Regulations DPH-24-005E; MAUCRSA (B&P Code Div. 10); SB 378 (Stats. 2025, Ch. 411)

Effective

January 1, 2026

Full rules

THCA

Illegal

Limits

Hemp flower and hemp prerolls prohibited at California retail under AB 8 regardless of THCA percentage. Inhalable hemp products containing THC prohibited. Licensed cannabis dispensary channel only for THCA flower sold as cannabis under MAUCRSA limits.

Key law

AB 8 (Stats. 2025, Ch. 248); Cal. Health & Safety Code §111921 and §111921.1; CDPH Emergency Regulations DPH-24-005E; MAUCRSA (B&P Code Div. 10); SB 378 (Stats. 2025, Ch. 411)

Effective

January 1, 2026

Full rules

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California

Latest news and analysis

All news

September 6, 2026

Are Edibles Legal? The 2026 State-by-State Guide Built on Milligram Caps, Not Just Legal Status

Edibles legality turns on three variables — adult-use status, hemp-THC rules and milligram caps — and the per-serving cap usually binds before the legality question does. The state-by-state map operators actually need.

September 4, 2026

California Signs AB 2249: The Cannabis Packaging Ban Now Has a Definition, an Operative Date and No Safe Harbor

AB 2249 is law. It writes an eight-part definition of "attractive to children" into the Business and Professions Code, operative January 1, 2028 — and the compliance tools it promises have no deadline. AB 2250's CBN-isolate carve-out still awaits a signature.

June 2, 2026

“Hemp Plastic” and Compostable Claims Under Fire: California SB 343, ASTM D6400, and Proof You’ll Need for 2025–2026

California is raising the bar for hemp packaging sustainability claims. As SB 343, SB 54, ASTM compostability standards, and the FTC Green Guides reshape how brands can market recyclable, compostable, biodegradable, plastic-free, and bio-based packaging, cannabis and hemp operators need audit-ready substantiation before making environmental claims.

June 1, 2026

California's Department of Cannabis Control Opens an Expedited Path to Split A/M Licenses

California's Department of Cannabis Control is moving quickly to let combined A/M licensees split into separate Medicinal and Adult-Use licenses on an expedited basis. The change is designed to position the state's roughly 1,600 retailers and microbusinesses to apply for DEA registration before a 60-day federal window closes.

May 28, 2026

TSA Medical Marijuana by State: Where Patients Actually Get Arrested at the Airport in 2026

The variable that matters in 2026 is not the TSA page. It is the airport you land at. A 28-airport breakdown of permissive, discretionary, and prohibitionist enforcement, with the source-state and destination-state details patients actually need.

Can You Fly With Medical Marijuana in 2026? A Patient Travel Guide

TSA's April 27, 2026 page update changed the federal picture for state-licensed medical patients. The practical picture changed less than the headlines suggest. A patient travel guide for 2026, by documentation, by airport, by scenario.

September 6, 2026

Are Edibles Legal? The 2026 State-by-State Guide Built on Milligram Caps, Not Just Legal Status

Edibles legality turns on three variables — adult-use status, hemp-THC rules and milligram caps — and the per-serving cap usually binds before the legality question does. The state-by-state map operators actually need.

September 4, 2026

California Signs AB 2249: The Cannabis Packaging Ban Now Has a Definition, an Operative Date and No Safe Harbor

AB 2249 is law. It writes an eight-part definition of "attractive to children" into the Business and Professions Code, operative January 1, 2028 — and the compliance tools it promises have no deadline. AB 2250's CBN-isolate carve-out still awaits a signature.

June 2, 2026

“Hemp Plastic” and Compostable Claims Under Fire: California SB 343, ASTM D6400, and Proof You’ll Need for 2025–2026

California is raising the bar for hemp packaging sustainability claims. As SB 343, SB 54, ASTM compostability standards, and the FTC Green Guides reshape how brands can market recyclable, compostable, biodegradable, plastic-free, and bio-based packaging, cannabis and hemp operators need audit-ready substantiation before making environmental claims.

June 1, 2026

California's Department of Cannabis Control Opens an Expedited Path to Split A/M Licenses

California's Department of Cannabis Control is moving quickly to let combined A/M licensees split into separate Medicinal and Adult-Use licenses on an expedited basis. The change is designed to position the state's roughly 1,600 retailers and microbusinesses to apply for DEA registration before a 60-day federal window closes.

May 28, 2026

TSA Medical Marijuana by State: Where Patients Actually Get Arrested at the Airport in 2026

The variable that matters in 2026 is not the TSA page. It is the airport you land at. A 28-airport breakdown of permissive, discretionary, and prohibitionist enforcement, with the source-state and destination-state details patients actually need.

Can You Fly With Medical Marijuana in 2026? A Patient Travel Guide

TSA's April 27, 2026 page update changed the federal picture for state-licensed medical patients. The practical picture changed less than the headlines suggest. A patient travel guide for 2026, by documentation, by airport, by scenario.

FAQ

Common questions

Is marijuana legal in California?

Recreational marijuana is legal in California. Medical marijuana is legal.

Is THCA legal in California?

No, not through California hemp retail. Assembly Bill 8 (Stats. 2025, Ch. 248) bans hemp flower, hemp prerolls, and any inhalable hemp product containing THC from California retail effective January 1, 2026, which captures THCA flower regardless of post-decarboxylation potency.

Is delta-8 THC legal in California?

No. Assembly Bill 8 (Stats. 2025, Ch. 248), effective January 1, 2026, bars synthetic and chemically converted cannabinoids, including delta-8 THC, from California hemp retail.

Is hemp-derived delta-9 THC legal in California?

Delta-9 THC is legal for adults 21 and over through California’s licensed cannabis dispensaries, but hemp-derived delta-9 products can no longer be sold through general retail.

This is general information, not legal advice.

Seed Legality

California adults may buy seeds from licensed retailers/nurseries, possess them freely, and gift up to 28.5 g.
Hemp seeds
Legal
Marijuana seeds
Legal
Sale
Legal
Transacting
Legal
Gifting
Legal

Health & Safety Code § 11362.1 (Prop 64) allows adults 21+ to possess, plant, and cultivate up to six cannabis plants and to give away cannabis — including seeds — to other adults without payment. Commercially, licensed nurseries produce seeds and immature plants, and 4 CCR § 15408 authorizes licensed retailers to sell seeds and live plants to consumers so long as they originate from a licensed nursery; unlicensed sales remain a crime under H&S § 11360. Industrial hemp cultivation requires registration with the county agricultural commissioner under Food & Agricultural Code § 81000 et seq., but hemp seed possession and sale are otherwise lawful.

Key law:
Cal. Health & Saf. Code §§ 11362.1, 11360; 4 CCR § 15408; Food & Ag. Code § 81000 et seq.
Last reviewed:
July 3, 2026
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This section is provided for informational purposes only and is not legal advice. Seed laws change frequently — verify current law with qualified counsel before making decisions.
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