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What Drugs are Legal in California?

If you want to avoid getting into trouble in California, make sure you’re aware of the drug laws. With so many changes sweeping the nation, it’s easy to get confused about what is and isn’t legal. You don't want to end up having to call a Fresno criminal defense attorney after what you thought would be a fun night out. Educating yourself on drug laws will help you avoid felony charges or other serious consequences.

Legal for Recreational Use in California


In 1996, California became the first state to legalize medicinal cannabis. Two decades after the passing of Proposition 215, the state legalized recreational cannabis. Adults age 21 and over can possess, use, or give away up to one ounce of the drug. The law also legalized up to 8 ounces of cannabis concentrates along with the recreational sale of these drugs.


This hallucinogenic herb is legal in the state. Its effects, which include visual and auditory hallucinations, can be quite intense. The drug doesn’t provide a pleasant experience for most users. The experience is often quite frightening, which is why salvia isn’t very popular.

Most other drugs are not legal or decriminalized in the state. However, in 2019, the city of Oakland decriminalized magic mushrooms and other psychedelic plants and fungi. It still isn’t legal to buy these substances, but if you get caught in possession within the city limits, you won’t face criminal charges.

The Future of Legalization in California

Earlier this year, the covid-19 pandemic interrupted a campaign to decriminalize magic mushrooms. The disaster made it impossible for campaign workers to gather signatures. It’s likely that this effort will pick up again once the pandemic is over. We may see decriminalized mushrooms in California within the next decade.

The Consequences of Using Illegal Drugs

You don’t want to get caught with illegal drugs in California. The state may be among the most liberal in the nation, but that doesn’t mean they don’t crackdown on offenders. Getting caught with a controlled substance could mean misdemeanor charges and fines of up to $1,000 at best. In the worst-case scenario, it could mean getting charged with felony possession and even facing jail time.

Are you facing charges for illegal drugs in California? A Fresno criminal defense attorney can help. Here at Schweitzer & Davidian, we’re ready to work hard for your freedom. Pleasecontact us now to schedule a consultation.