Need a San Diego Marijuana Attorney?

Last Updated on July 2, 2025

With different rules for those using pot for medicinal or recreational purposes, California marijuana laws can be very confusing. Meanwhile, possession, cultivation, sale, or transportation of marijuana for any reason is still illegal under federal law. To clarify things, San Diego criminal attorney Peter Liss has put together this guide on recreational and medical marijuana laws. This page covers cannabis possession, cultivation, use, sales, transportation, and driving under the influence laws in California.

Is Marijuana Possession Legal in California?

Yes, but there are restrictions on who can possess cannabis and how much they can have. California recreational marijuana laws make it legal for those over 21 to buy and possess marijuana. Those under 21 and over 18 may possess the drug if they have a valid medical marijuana license. Marijuana can even be used medicinally by minors under 18 if they have parental consent.

How Much Weed Can You Have in California?

Medical marijuana users can possess any amount their doctor deems reasonable for their condition. However, there are possession laws for those without a medical cannabis prescription. California law limits recreational users to no more than:

• 28.5 grams (1 ounce) of cannabis
• 8 grams of concentrates
• 6 plants

Cannabis Possession Sentencing in California

Adults over 18 who possess large quantities of cannabis can face misdemeanor charges. These are punishable by up to six months of jail and a fine of $500. A skilled lawyer in San Diego can often help those facing possession charges enter a diversion program to avoid jail time and keep the offense off their record.

Illegally Selling or Transporting Marijuana

Under 11360 (HSC), only legally licensed marijuana dispensaries can sell cannabis in California. These dispensaries can only provide it to those over 21 or those with a medical prescription. Those caught selling marijuana to an adult or transporting marijuana for sale can be charged with a misdemeanor.
In many cases, police distinguish between personal use and possession with the intent to sell through small details. They look for factors like whether you have any packaging materials, scales, cash, etc., to determine if you intend to sell the substance.

Minors in Possession of Marijuana Penalties

Anyone under 21 who possesses small quantities of cannabis without a prescription can face minor in possession charges under 11357(a) (HSC). While this offense is similar to a minor in possession of alcohol charge, the penalties are a bit different. Those accused of 11357(a) (HSC) will face different penalties based on their age and prior convictions. Specifically, the sentencing is as follows:

• Those between 18 and 21 will face a fine of $100.
• Anyone under 18 who has no prior offenses will face up to 4 hours of drug counseling and 10 hours of community service.
• Those under 18 with a previous conviction must go through 6 hours of drug counseling and 20 hours of community service.

Minors under 18 without a medical license who are caught with more than the legal limit for adults face additional penalties. They can be sentenced to up to 8 hours of drug counseling and 40 hours of community service for a first offense. Those with a prior offense will face a penalty of up to 10 hours of counseling or education and 60 hours of community service.

Providing Cannabis to a Minor

Selling marijuana to a minor is a more serious crime than illegally selling to an adult. Even freely giving cannabis to a juvenile will put you at risk of charges under 11360 (HSC). This crime is a felony, punishable by up to 5 years in most cases. However, the sentence goes up to 7 years if the juvenile was under 14. Anyone accused of attempting to sell marijuana to a minor illegally should call a San Diego cannabis defense attorney immediately.

Driving Under the Influence of Marijuana

Just as it is illegal to drive under the influence of alcohol, California law makes it unlawful to drive while high. Driving under the influence is a very serious charge in San Diego, whether it involves marijuana or alcohol. Always fight this charge with the help of a top lawyer. There is no legal limit for the amount of marijuana a person can use before being considered high, so even telling a police officer you “only took one hit” can be used against you.

Note that bike riding while high is also against the law.

Open Marijuana Containers in the Car

It is illegal to have an open marijuana container in your car while driving, just as it is illegal to drive with an open alcohol container. Under California Vehicle Code 23222 (VC), it is unlawful to drive while in possession of loose marijuana flowers. It is also against the law to drive with any cannabis receptacle that has been opened or had the seal broken. However, medical marijuana patients can have a previously open container of cannabis in the car as long as it is resealed or closed. Violators may be fined up to $100 for this infraction.

Driving While Smoking Pot

Even if you are not driving while high, it is still illegal to smoke pot behind the wheel. Under California Vehicle Code 23220 (VC), anyone who uses marijuana while driving can be penalized with a $100 infraction. Most people who violate this law will also face open container charges.

More problematic is that using marijuana in your car can serve as strong evidence in a DUI case. While there is still no standard for marijuana intoxication, driving while smoking pot may be used to show recent usage. Because this could indicate the driver was high, it could result in a DUI charge. Anyone facing these allegations should immediately contact a San Diego marijuana lawyer. Remember that what you say can be used against you, and things you say to defend yourself may hurt you later.

San Diego County Marijuana Laws

San Diego County and City do not have any notable cannabis laws that are more strict than those of the overall state. However, cities within the county can institute their own laws. It is a good idea to check the regulations for an individual city before using or purchasing marijuana there.
Escondido is notably one of the most strict cities in the region when it comes to marijuana laws. The city prohibits all dispensaries and commercial growers. Personal use is still permitted, just as it is throughout San Diego.

Frequently Asked Questions

Can You Bring Marijuana Anywhere?

No. Any private location has the right to prohibit marijuana use on its premises. Theme parks, hotels, concert venues, and other businesses may eject you for using cannabis. Similarly, landlords can prohibit use within their properties.

Possessing marijuana is even illegal in some locations, including federal property and drug-free zones. You also cannot transport pot across state lines, send it through the mail, or take it on a plane, as these modes of transportation are all under federal regulation. Note that these laws even apply if you are flying from one California location to another or going from one state where marijuana is legal to another.

Where Can You Use Marijuana in California?

While marijuana is legal under California law, you can’t use it everywhere. First, cannabis use is only permitted on private property, so you cannot smoke on the sidewalk, beach, at a park, or any other public space. You also cannot smoke in a parked vehicle if it is located on a public street or parking lot.

As of 2025, California has legalized “cannabis cafes” similar to those found in Amsterdam. Now, marijuana retailers can allow for the consumption of their products on their premises, and these establishments may also sell food and beverages. Vendors may also permit live, ticketed entertainment on sites where cannabis use is allowed. However, alcohol and tobacco consumption is not legal on these premises, so it continues to be against the law to smoke at bars.

If you have been charged with breaking any of California’s many marijuana laws, including possession, sales, driving under the influence, or giving cannabis to a minor, please call San Diego lawyer Peter M. Liss. You can schedule a free initial consultation by calling (760) 643-4050.