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California law lets adults 21 and older give away up to 28.5 grams of cannabis, or up to eight grams of concentrated cannabis, to other adults 21 and older, but only “without any compensation whatsoever” (Health and Safety Code 11362.1). Giving cannabis to a minor is a state prison offense (Health and Safety Code 11361). Federal law treats cannabis separately from California law.
Recreational marijuana became legal in the state of California at the beginning of the year. This holiday season, you may be wondering if you can give marijuana as a gift to your friends and family. Generally speaking, gifting marijuana is legal. However, you’ll have to make sure that you keep your gift within the boundaries of the law. It is possible to face criminal charges if you deviate from acceptable practices.
Be Careful How Much You Give
Just because marijuana is legal doesn’t mean that you can buy or possess as much as you want.
Recreational Marijuana
A licensed retailer may not sell an adult-use customer more than 28.5 grams of non-concentrated cannabis, 8 grams of concentrate or six immature plants in a single day (Cal. Code Regs., tit. 4, section 15409(a)). That’s a little bit more than an ounce. You cannot possess any more than this at any one time, either.
If you want to give marijuana to all of your friends and family this winter, you may want to do so sparingly. If you have more than 28.5 grams on you at one time, you could face some severe fines.
If you have enough in your possession, you could even be arrested for possession with intent to sell, which carries very harsh penalties. Intent to sell is typically a misdemeanor, punishable by 6 months in jail and/or criminal fines. However, you could be charged with a felony if you have prior marijuana offenses or have been convicted of a violent crime.
It’s also important to be mindful of whether or not the intended recipient of your gift already has a stash of their own. They can get into trouble – including 6 months behind bars and substantial fines – if your gift puts them over the 28.5-gram limit.
Cannabis Concentrate and Plants
It’s also legal to buy cannabis concentrate and plants. However, there are also limits on how much of these substances you can have in your possession at one time. When you buy concentrates, including tinctures and edibles, you can only possess up to 8 grams at one time. You’ll also be limited to six marijuana plants.
Make Sure The Recipient is Allowed to Possess Marijuana
Recreational marijuana is only legal for adults over the age of 21. It’s still against the law for minors and most young adults to buy or possess the drug. Adults between the ages of 18 and 20 may purchase and use medicinal cannabis only with valid government-issued identification and a physician’s recommendation or a county-issued medical marijuana identification card (Business and Professions Code 26140(c)(3)).
Gifting marijuana to a person under the age of 21 can have some serious consequences. The young recipient of your gift could be cited for an infraction and required to pay fines and/or complete drug counseling and community service.
You could be charged with a felony if you give marijuana to a minor. If the recipient is at least 14, but not older than 18, you could be sentenced to between 3 and 5 years in prison.
Remember That Marijuana Is Still Illegal At the Federal Level
Recreational marijuana may be legal in the state of California. It remains important to remember that adult-use marijuana is still a Schedule I controlled substance under federal law, although federal regulators moved FDA-approved and state-licensed medical marijuana products to Schedule III in April 2026. You or the recipient of your gift could be charged with federal crimes even if your behavior complies with state law.
You can limit the risk of federal prosecution if you keep the gift within the state of California. Always avoid mailing marijuana, taking it on an airplane, or traveling with it over state lines. These behaviors are illegal and can land you in serious trouble.
Frequently asked questions
How much cannabis can an adult legally give away?
Adults 21 and older may give away up to 28.5 grams of cannabis not in concentrated form, and up to eight grams of concentrated cannabis, including as contained in cannabis products, to persons 21 or older “without any compensation whatsoever” (Health and Safety Code 11362.1(a)(1)-(2)).
Can I give cannabis to someone under 21?
The gift provision covers only gifts to persons 21 years of age or older (Health and Safety Code 11362.1(a)). A person 18 or over who gives cannabis to a minor 14 or older faces three, four or five years in state prison; for a minor under 14 it is three, five or seven years (Health and Safety Code 11361).
How many plants can I grow?
Adults 21 and older may possess, plant, cultivate, harvest, dry or process not more than six living cannabis plants and possess the cannabis they produce (Health and Safety Code 11362.1(a)(3)).
Vikas Bajaj has practiced law in California since 2001. He was admitted to the State Bar of California in December 2001, has been licensed in Texas since 2022, and is admitted to the U.S. District Courts for the Southern, Central, Eastern and Northern Districts of California, the District of New Jersey, the Western District of Texas and the Eastern District of Michigan.
Have you been arrested for a drug-related offense in San Diego? Contact the Law Office of Vikas Bajaj for immediate legal assistance. A strong defense will help you secure the very best outcome in your case. Our office is here to help you defend your rights. Call today to learn more.