Go anywhere in San Francisco and you’re bound to smell it: the pungent smell of cannabis.
Getting used to it, we could all do with a refresher on California’s recreational cannabis laws: where we can use it, where we shouldn’t, and how to buy and carry it without breaking the law.
Maybe you’re new to weed and want to try it legally. Maybe you’ve just turned 21 and are ready to light up for the first time. Maybe you’re visiting San Francisco from a state where weed is still illegal. Or maybe you’re like me: a local, you’ve gotten so used to San Francisco’s cannabis culture that you forget there are still rules and laws around weed.
Keep scrolling for up-to-date information on how to legally use, buy, grow, and transport recreational cannabis in California.

Max de Leon, right, a cannabis sales specialist for The Green Cross, helps a customer in San Francisco, California, Wednesday, March 18, 2020.
Jeff Chiu/Associated PressWho can legally buy and use recreational cannabis in California?
In California, adults 21 and older can legally purchase, use, and possess recreational cannabis (the age is lowered to 18 with a doctor’s prescription for medical use). But it is not carte blanche for everyone. Amounts are limited by state law, as are the places where you can legally buy, use, and carry cannabis.
How much recreational cannabis can I legally buy and carry in California?
In California, adults 21 and older can buy and own:
- Up to 1 ounce, or 28.5 grams, of cannabis flowers (that’s the leafy kind you would smoke or eat); or
- Up to 8 grams of concentrated cannabis (the kind you would use for vaping or dipping)
Where can I legally buy recreational weed in San Francisco?
You can only buy cannabis from licensed retailers who are licensed to retail cannabis by the City of San Francisco and licensed by the State of California. These stores follow strict rules that prevent sales to minors and ensure that all products are tested and properly labeled for the amount of THC and CBD they contain. According to the California Department of Cannabis Control, whose website lists all licensed retailers in the state, a licensed dispensary will display a license to show it’s legal.
Can I legally use cannabis on the streets of San Francisco?
No. Although many do, it is technically illegal to smoke, eat, vape, or recreationally use cannabis in public open spaces such as parks and sidewalks, or in any smoke-free area. So if you want to smoke crack while you wait for the Mooney, or smoke a J while walking down Castro Street, don’t.
Other places where cannabis is not allowed include:
- Near schools, youth centers and kindergartens where there are children;
- In most public buildings, such as restaurants and bars, concert venues, and common areas of residential buildings; and
- On federal lands such as the Presidio, Alcatraz Island, Marin Headlands and Ocean Beach.
Light up where you shouldn’t and you could be fined up to $250 — no worse than a few parking tickets, but still an expense you definitely don’t need. Even with such a risk, people regularly to do use grass in all kinds of public places. Law enforcement agencies often condone these minor infractions if users are of legal age and comply with legal restrictions, but the risk of a citation remains.

Nicholas Kashmir lights up a joint for Ellen Holland, both of Oakland, at a food and weed tasting event at the Coal Valley House in San Francisco, California, as seen Thursday. June 11, 2015
San Francisco Chronicle/Hearst N/Hearst Newspapers via Getty ImagWhere can I legally use recreational cannabis in San Francisco?
On private property and at duly authorized outdoor events. The law allows adults to use recreational cannabis in any private home that you own or the owner of which allows the use of cannabis. If your San Francisco digs are an apartment rental, short-term rental, or short-term hotel room in the Bay Area, be sure to check your lease for any cannabis restrictions that may apply.
Some of San Francisco’s major outdoor festivals — like the Outside Lands music festival and Golden Gate Park’s 420 Hippie Hill celebration — allow public use of cannabis on festival grounds, thanks to temporary cannabis permits that bless on-site weed sales and mitigate city restrictions. laws that would ban the public use of cannabis.
And here’s one more thing to add to the list of awesome things about San Francisco: Most cannabis dispensaries in San Francisco also have lounges on site. These sleek, comfortable spaces are private and well-furnished, and it’s 100 percent legit to kick back and light up among like-minded people.
Can I legally use cannabis while driving in California?
No. As with alcohol and other intoxicants, California’s weed laws make it illegal to operate any motorized vehicle (yes, including motorcycles) or watercraft (including things like a jet ski) or ride a bicycle while under the influence of cannabis . This includes the use of medical marijuana. You can be fined, arrested and disqualified.
As with alcohol, open container laws also apply to cannabis. It is illegal to drive or drive a vehicle with an open container of weed. The law requires that cannabis be stored in a sealed package or container or stored in an inaccessible place in the trunk of a vehicle, out of the reach of drivers and passengers while in transit.
If you ever find yourself too cold and in need of a ride, take public transportation or let a sober friend or ride-sharing service like Uber or Lyft drive you home safely.

An SFO officer checks carry-on baggage at SFO in San Francisco, California on November 16, 2022.
Lance Yamamoto/SFGATECan I legally fly recreational cannabis within California?
The short answer is no, but many attorneys consider flying with a small amount of cannabis to be a low-risk activity. As SFGATE Hemp Editor Lester Black previously reported, as long as you’re traveling in California and the amount of hemp you’re traveling doesn’t exceed the amount allowed to be carried — that is, up to 1 ounce (28.5 grams) of hemp, or up to 8 grams of concentrated cannabis — you can most likely fly with recreational cannabis without worry.
But to be clear, flying cannabis in California is technically against federal law. Recreational cannabis is still considered an illegal drug by the US government, and airports are controlled by federal authorities, particularly the Transportation Security Administration. Flying from one state to another, especially to states where marijuana is still illegal, is a definite no-no (you run the risk of getting in trouble not only during the flight, but wherever you land).
That being said, when the TSA checks luggage, they check for security threats like bombs and blades, not blunt objects. “TSA security officers do not search for marijuana or other illegal drugs,” TSA.gov states bluntly, “but if any illegal substance is detected during a security screening, TSA will refer the case to a law enforcement officer.”
California weed law protects legal cannabis users, so even if cannabis in your carry-on catches the attention of local law enforcement, you’ll likely stay safe. But as long as you’re technically breaking federal law, there’s always a chance, no matter how small, that things could go south. And how horrible it would be to deal with the authorities for longer than your short flight to Los Angeles or Palm Springs. In general, you need to determine your appetite for risk and delays before flying recreational cannabis to California. You can find more peace of mind by simply buying local weed once you arrive at your destination.

Nick Daniels, left, and Tony Spinello carry mature marijuana plants to the annual 20.04 Cannabis Celebration at Golden Gate Park in San Francisco, California, on Friday, April 20, 2018.
San Francisco Chronicle/Hearst N/San Francisco Chronicle via Getty ImagesCan I legally grow my own cannabis in San Francisco?
yes. If you’ve got a green thumb, California’s weed law allows adults 21 and older to grow up to six cannabis plants in their homes or in enclosed, protected yards. However, six is the magic number. Six plants are in order; seven or more and your green thumb can get you into trouble.
To remain legal, your cannabis plants must not be visible to the public, and the owner of the property where the cannabis is grown – either you or your landlord – must be cool with it.

Marijuana is distributed at the 420 Hippy Hill party in Golden Gate Park in San Francisco, California on April 20, 2023.
Douglas Zimmerman/SFGATECan I legally gift recreational weed?
Oddly enough, yes. Although personal sales are illegal, gifts of cannabis—provided the recipient is 21 or older, the amount of cannabis gifted is within the limits listed above, and no payment is exchanged—is permitted under California law. Just be careful: you can soon be drowning in birthday invitations.
This article was edited by Hearst Newspapers managing editor Christina Moy; you can contact her at [email protected].