California

Can I be fired for smoking weed? What’s too high to drive? Know these CA laws

Sunday has special significance for fans of cannabis culture.

April 20, known as 4/20, is celebrated by marijuana enthusiasts across the globe.

Although cannabis use is generally legal in California, the Golden State has a number of laws regulating how it can be cultivated and consumed.

Here’s what to know:

Cannabis plants are on sale at The Artist Tree, a licensed cannabis dispensary, in the Highgrove area of Riverside County in April 2024.
Cannabis plants are on sale at The Artist Tree, a licensed cannabis dispensary, in the Highgrove area of Riverside County in April 2024. Will Lester TNS

Can I grow cannabis at home?

Under California’s Adult Use of Marijuana Act, people 21 and older can legally grow, possess and use cannabis for recreational use.

You can grow up to six plants at your California home for personal use only.

However, you can’t use volatile solvents — butane or propane — to process the cannabis you grow, according to the California Department of Cannabis Control.

Breaking the rules about residential cannabis cultivation can result in a fine or prison sentence.

READ MORE:

John Mitchell smokes a prerolled joint in the cannabis consumption lounge on Tuesday, July 16, 2024, during the California State Fair in Sacramento. Mitchell said using cannabis products helps him wind down and gives him a sense of “mental bliss.”
John Mitchell smokes a prerolled joint in the cannabis consumption lounge on Tuesday, July 16, 2024, during the California State Fair in Sacramento. Mitchell said using cannabis products helps him wind down and gives him a sense of “mental bliss.” Bailey Stover bstover@sacbee.com

Can I get fired for smoking weed in my off-hours?

Assembly Bill 2188, which went into effect in 2024, bans California employers from firing, penalizing or creating employment conditions for workers based on cannabis use off the job or away from the workplace.

That means some employees cannot be fired or denied work for smoking marijuana in their off-hours.

However, the law does not apply to workers in the building and construction industry, or positions that require federal background checks.

READ MORE:

Jenny Venegas , district sales manager for Haven Cannabis Dispensary, points out some of the products in the showroom of their new location in downtown Fresno on Tuesday, April 16, 2024.
Jenny Venegas , district sales manager for Haven Cannabis Dispensary, points out some of the products in the showroom of their new location in downtown Fresno on Tuesday, April 16, 2024. CRAIG KOHLRUSS ckohlruss@fresnobee.com

Can you get in trouble for smoking weed in your backyard?

You’re generally allowed to smoke weed on private property including your own backyard, according to the California Department of Cannabis Control website.

You cannot smoke weed:

However, property owners can ban renters from smoking marijuana or using other cannabis products.

If your marijuana use bothers your neighbors, it could be considered a nuisance, defined by California Civil Code 3479 as anything that is “injurious to health” or obstructs the free use of property.

READ MORE:

One of several low riders is seen parked in front of Dr. Greenthumbs, Fresno newest cannabis dispensary, which held its grand opening Saturday morning, April 6, 2024 in Fresno’s Tower District.
One of several low riders is seen parked in front of Dr. Greenthumbs, Fresno newest cannabis dispensary, which held its grand opening Saturday morning, April 6, 2024 in Fresno’s Tower District. ERIC PAUL ZAMORA ezamora@fresnobee.com

Can I get a ticket for driving while high?

“It is illegal to drive while under the influence of alcohol or any drug” that impairs your ability to operate a vehicle, the California Department of Motor Vehicles said on its website.

Cannabis, illegal drugs, prescription drugs and even over-the-counter medications can “all affect your ability to drive safely and react to what you see and hear,” the DMV said.

Law enforcement agencies use a series of physical and mental exercises — known as field sobriety tests — to determine whether drivers are under the influence of alcohol or drugs.

These tests can indicate to officers whether the driver should undergo a blood alcohol content test or a breath test to determine how much alcohol is present in their bloodstream, a Sacramento Police Department officer previously told The Sacramento Bee.

However, there’s no similar way to measure who is “too high” to drive.

READ MORE:

A display at All about Wellness dispensary in midtown Sacramento shows the variety of cannabis-infused edibles available on the market on Tuesday, March 22, 2022.
A display at All about Wellness dispensary in midtown Sacramento shows the variety of cannabis-infused edibles available on the market on Tuesday, March 22, 2022. Hector Amezcua hamezcua@sacbee.com

What’s the difference between edibles and smoking?

Smoking marijuana and consuming cannabis-laced edibles can both lift your mood, but there are some key differences between the two.

Smoked or vaped marijuana enters the lungs and is absorbed into the bloodstream, according to cannabis education site Leafly, while edibles are processed in the stomach and liver.

That means edibles feel stronger and the effects will last a lot longer.

Smoking weed and ingesting cannabis also have varying effects on your health.

READ MORE:

This story was originally published April 20, 2025 at 9:00 AM with the headline "Can I be fired for smoking weed? What’s too high to drive? Know these CA laws."

Sarah Linn
The Tribune
Sarah Linn is an editor and reporter on the West Service Journalism Team, working with journalists in Sacramento, Modesto, Fresno, Merced and San Luis Obispo in California and Bellingham, Olympia and Tri-Cities in Washington, as well as Boise, Idaho. She previously served as the Local/Entertainment Editor of The Tribune in San Luis Obispo, working there for nearly two decades. A graduate of Oregon State University, she has earned multiple California journalism awards.
Get unlimited digital access
#ReadLocal

Try 1 month for $1

CLAIM OFFER