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Cannabis in Oakland

Recreational marijuana use and possession by people 21 and older was legalized in the state of California in November 2016. However, while Prop 64 made having and consuming marijuana legal in California, the growth, sales and consumption of the product remain federal offenses.

What Visitors Need to Know:


On November 8, 2016, by voting for the Control, Regulate, and Tax Audit of Marijuana Act (“Prop 64”), Californians legalized adults possessing and using limited amounts of marijuana. As of November 9, 2016, any adult 21 and older in California can “possess, process, transport, purchase, obtain or give away to persons 21 years of age or older without any compensation whatsoever”.

Visitors CAN:
  • Buy marijuana from state-licensed recreational marijuana retailers.
  • Consume marijuana on private property.
  • Possess up to an ounce of marijuana on their person. Possession of more than on ounce is a misdemeanor that results in a $500 fine or six months of jail time.
  • Share, give away and receive marijuana (as long as all parties are over 21) within the state of California.
Visitors CANNOT:
  • Smoke marijuana or consume marijuana edibles in a public place. (This includes restaurants, bars, parks, sidewalks, etc.).
  • Smoke marijuana in most hotel rooms. Check with individual hotels for their policies.
  • Drive or bike under the influence of marijuana. There is also civil penalty to possess an “open container” or open package or marijuana or marijuana products while driving, operating or riding in the passenger seat of a motor vehicle.
  • Transport marijuana across state lines or on waterways.
  • Transport marijuana to the airport or on any flights, even flights within the state. 
  • Purchase marijuana products from establishments that are not licensed to sell such products.
  • Sell or give retail marijuana to minors.


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