Health & Saf. Code, § 11362.1 · Article 2. Cannabis
Health & Saf. Code, § 11362.1
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Subject to Sections 11362.2, 11362.3, 11362.4, and 11362.45, but notwithstanding any other provision of law, it shall be lawful under state and local law, and shall not be a violation of state or local law, for persons 21 years of age or older to:
(1) Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than 28.5 grams of cannabis not in the form of concentrated cannabis;
(2) Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than eight grams of cannabis in the form of concentrated cannabis, including as contained in cannabis products;
(3) Possess, plant, cultivate, harvest, dry, or process not more than six living cannabis plants and possess the cannabis produced by the plants;
(4) Smoke or ingest cannabis or cannabis products; and
(5) Possess, transport, purchase, obtain, use, manufacture, or give away cannabis accessories to persons 21 years of age or older without any compensation whatsoever.
(b) Paragraph (5) of subdivision (a) is intended to meet the requirements of subsection (f) of Section 863 of Title 21 of the United States Code (21 U.S.C. Sec. 863(f)) by authorizing, under state law, any person in compliance with this section to manufacture, possess, or distribute cannabis accessories.
(c) Cannabis and cannabis products involved in any way with conduct deemed lawful by this section are not contraband nor subject to seizure, and no conduct deemed lawful by this section shall constitute the basis for detention, search, or arrest.
Notes and commentary — not statutory text
History
Amended by Stats. 2017, Ch. 27, Sec. 129. (SB 94) Effective June 27, 2017. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=11362.1.
- Text hash
- sha256 3c1c8beb81f2d89e8ff92a56974e4f6e4a9a9700cb7db18928899bf93463dd58
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Health and Safety Code
- Health & Saf. Code, § 11362.2Printed as Sections 11362.2, 11362.3, 11362.4, and 11362.45
- Health & Saf. Code, § 11362.3Printed as Sections 11362.2, 11362.3, 11362.4, and 11362.45
- Health & Saf. Code, § 11362.4Printed as Sections 11362.2, 11362.3, 11362.4, and 11362.45
- Health & Saf. Code, § 11362.45Printed as Sections 11362.2, 11362.3, 11362.4, and 11362.45
Cited by 10 provisions
Provisions in this library whose text cites Health & Saf. Code, § 11362.1. Each shows the citation as that text prints it.
Business and Professions Code
- Bus. & Prof. Code, § 26037.5Printed as Section 11362.1 of the Health and Safety Code
- Bus. & Prof. Code, § 26038Printed as Sections 11362.1 and 11362.45 of the Health and Safety Code
- Bus. & Prof. Code, § 26069Printed as Section 11362.1 of the Health and Safety Code
- Bus. & Prof. Code, § 26104Printed as Section 11362.1 of the Health and Safety Code
Government Code
Health and Safety Code
Revenue and Taxation Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.