CALIFORNIA CANNABIS LAW
In 1996, California was the first state to legalize the use of medical cannabis through the voter approved Proposition 215, the Compassionate Use Act (CUA). In 2003, the State legislature adopted the Medical Marijuana Program Act (MMPA), SB 420, with the express intent to “enhance the access of patients and caregivers to medical marijuana through collective, cooperative cultivation projects.” In 2008, the California Attorney General issued its Attorney General Guidelines for the security and non-diversion of marijuana grown for medical use.
Despite the State decriminalization of medical cannabis and the creation of the collective model, most regulation of medical cannabis was predominately left to local jurisdictions. Some counties and cities embraced medical cannabis, other cities did not. In 2013, the California Supreme Court decided City of Riverside v. Inland Empire Patients Health & Wellness Center, Inc., 300 P.3d 494, 56 Cal. 4th 729, 156 Cal. Rptr. 3d 409, in which the court held that although a qualified patient may have the right to use medical cannabis, State law does not mandate that a local jurisdiction must permit access to medical cannabis. Subsequently, several cities and counties adopted complete prohibitions of medical cannabis.
In 2015, the State legislature established a comprehensive statewide regulatory framework for the licensing and enforcement of cultivation, manufacturing, retail sale, transportation, storage, delivery and testing of medicinal cannabis in California (AB 243, AB 266 and SB 643). This regulatory scheme is known as the Medical Cannabis Regulation and Safety Act (MCRSA) (originally known as the Medical Marijuana Regulation and Safety Act). Additionally, Senate Bill 837 added comprehensive environmental safeguards that require the adoption of guidelines governing the use of water for cannabis cultivation by the California State Water Resources Control Board, with the goal of protecting streams and rivers from illegal diversion.
The Adult Use of Marijuana Act (AUMA) Proposition 64 Initiative was approved by California voters in November 2016. Under Proposition 64, adults 21 years of age or older can legally grow, possess, and use cannabis for non-medicinal purposes, with certain restrictions. It further established the ability to sell and distribute cannabis through a regulated business beginning on January 1, 2018.
In June 2017, Senate Bill 94 was signed by the California Governor. SB 94 integrated the previous medical marijuana regulations of MCRSA and the adult use regulations of AUMA to create the Medicinal and Adult‐Use Cannabis Regulation and Safety Act (MAUCRSA) contained in Division 10 of the California Business and Professions Code (§26000 et seq.). Under MAUCRSA, a single regulatory system governs the medical and adult use cannabis industry in California.
For recent legislative developments in the area of California cannabis law, see the cannabis bills under consideration by the California state legislature, as well as our general California Cannabis Law Legislative Update which includes cannabis bills from earlier years.
Implementation of the system is the responsibility of the California Department of Cannabis Control (DCC). The DCC was established in 2021 pursuant to a budget trailer bill (AB 141) passed by the California Legislature which, among other things, consolidated the then existing state cannabis licensing authorities into a single California Department of Cannabis Control.
The California cannabis industry began operating under permanent California cannabis regulations beginning in January 2019. California cannabis businesses were previously subject to emergency cannabis regulations. California cannabis regulations continue to evolve and regulatory compliance requires significant diligence on the part of cannabis businesses. For more info on cannabis licensing see California Cannabis Licensing.
Local (city & county) cannabis laws and regulations vary. Need guidance staying compliant with state and local cannabis regulations and laws? We advise on regulatory requirements and provide updates on changes to laws and regulations.
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Cannabis use, possession, and distribution remains illegal under federal law pursuant to 21 U.S.C. § 801 et seq.