February 26, 2026
Many Californians assume that because marijuana is legal, cannabis-related crimes are a thing of the past. That is not the case.
California legalized adult-use cannabis through Proposition 64, but strict rules still apply. Law enforcement continues to target illegal cultivation sites, unlicensed sales operations, and certain possession violations. At the same time, arrests for simple possession have dropped significantly compared to pre-legalization years.
This guide breaks down cannabis crime statistics in California, explains what remains illegal, and outlines what residents and business owners should do if they face an investigation.
Under California cannabis laws:
Adults 21 and older may:
However, legalization has limits.
Even after Proposition 64, these actions can result in charges:
Federal law still classifies marijuana as a Schedule I substance. That classification affects banking, interstate transport, and federal land enforcement.
Legalization reduced certain types of arrests. Simple possession charges have declined since 2016. At the same time, enforcement has shifted toward commercial activity.
Reports from state enforcement agencies and industry analysts suggest that California still struggles with illegal grow sites and unlicensed retail operations. Some estimates place illegal cultivation sites in the tens of thousands.
Politico reported that California has hundreds of licensed brick-and-mortar shops, but thousands of unlicensed sellers operate statewide. Retail access remains limited in many cities because local governments can ban dispensaries.
When legal access remains scarce, illicit supply often fills the gap.
California conducts multi-agency raids targeting:
Enforcement actions often result in the seizure of cannabis plants, processed product, cash, vehicles, and weapons.
The focus has shifted from casual users to commercial operations.
Possession within legal limits usually does not lead to arrest. Problems arise when circumstances suggest something more.
Law enforcement may file intent-to-sell charges when officers find:
Possession with intent to sell carries much steeper penalties than simple possessions.
The seriousness of charges depends on:
While many marijuana offenses are misdemeanors under state law, large-scale illegal cultivation or organized distribution can still lead to felony charges.
Many Californians misunderstand cannabis DUI laws. You can legally possess marijuana and still face arrest if you drive while impaired.
Officers evaluate impairment through:
There is no fixed THC limit comparable to alcohol’s 0.08%. Prosecutors rely on evidence of impairment rather than a strict numerical threshold.
Penalties can include:
Cannabis legalization does not protect drivers from DUI prosecution.
Legal cannabis use does not automatically protect employment or housing rights.
Employers may still conduct drug testing, particularly in safety-sensitive roles. Some recent California employment protections limit certain testing practices, but marijuana use can still affect hiring decisions.
Cannabis remains illegal under federal law. Federal housing programs may prohibit use, even if state law allows it.
Landlords can also restrict smoking on private property.
These issues often surprise residents who assume legalization eliminates workplace or housing consequences.
Enforcement actions usually begin with investigation and a search warrant.
Agencies involved may include:
During a raid, officers may seize:
Asset forfeiture laws may allow authorities to hold property connected to alleged criminal activity.
Licensed businesses can also face administrative investigations. The DCC may suspend or revoke licenses for inventory tracking failures, recordkeeping violations, or zoning non-compliance.
Proposition 64 created pathways to reduce or dismiss certain past marijuana convictions.
Assembly Bill 1793 directed courts to review eligible cases automatically. Some individuals still need to file petitions to update records fully.
Clearing an old conviction can improve employment and housing opportunities.
Proactive compliance reduces exposure to enforcement.
Enforcement priorities continue to evolve. Agencies increasingly focus on:
Federal reform could reshape banking access and interstate commerce. Until that happens, legal tension between state and federal law remains.
Cannabis legalization changed California law, but it did not eliminate cannabis-related crimes. Clear knowledge of possession limits, enforcement trends, and compliance requirements can help individuals and businesses avoid serious consequences.
If you are facing a cannabis-related investigation or administrative action, timely legal guidance matters. Explore additional resources and defense options at DefendCA to protect your rights and your future.
Cannabis (4)Drug Crimes (2)DUI (18)Expungements (3)Felony (5)Juvenile Justice (2)Local Insights (4)Marijuana Laws (3)Miranda Rights (1)Misdemeanor (1)Penal Code 4019 (1)Probation (1)TAKE IT DOWN Act (2)Traffic (6)Uncategorized (0)Warrants (3)
(650) 242-0021
