What is legal for adults 21 and over
- Possess up to 28.5 grams of cannabis flower.
- Possess up to 8 grams of concentrated cannabis.
- Cultivate up to six living plants per private residence, in a locked, non-public space.
- Give away — not sell — amounts within those limits to another adult 21 or over.
- Buy from a state-licensed retailer.
What still gets people arrested
- Sales or transport for sale without a license, which remains chargeable under Health & Safety Code §11360 and can be a felony with priors or where a minor is involved.
- Possession over the personal limits, and cultivation over six plants.
- Furnishing cannabis to anyone under 21.
- Driving under the influence of cannabis — Prop 64 changed nothing about impaired driving.
- Open containers of cannabis in a vehicle, and smoking while driving or riding.
- Consumption in public places, or within 1,000 feet of a school, day care, or youth center while children are present.
Unlicensed commercial operations in Los Angeles County remain an active enforcement priority, and those filings can carry serious bail.
Retroactive relief
Prop 64 allowed people with prior cannabis convictions to petition for resentencing, dismissal, or redesignation, and later legislation directed the Department of Justice to identify eligible cases and prosecutors to process them without a petition from the defendant. If you carry an old cannabis conviction, it is worth asking counsel whether it has already been reduced or cleared. Compare with Prop 47, which did similar work for certain theft and drug possession offenses.
When bail comes into it
Simple possession within the limits is not an arrestable offense for an adult. The cannabis cases that reach us are sales, cultivation at scale, transport across county lines, or cannabis DUI. Those bail amounts come off the county schedule — see drug bail bonds and estimate with the bail bond calculator.