California (CA): Bitcoin and virtual-currency law
Document text
Research, not advice. Part of the Bitcoin research archive (October 2026). Claims labelled unverified, contested or fringe are reported, not endorsed; statuses of bills and rules are as of the date checked. Government, court and patent records are public domain; the research notes are CC BY 4.0.
California (CA): Bitcoin and virtual-currency law
| Field | Value |
|---|---|
| Jurisdiction | US state: California |
| Date checked | 2026-10-09 |
| Main regulator | Department of Financial Protection and Innovation (DFPI) |
| Crypto licensing law | Digital Financial Assets Law (DFAL), Fin. Code § 3101 et seq. Enacted by AB 39 (Stats. 2023, ch. 792) and SB 401 (Stats. 2023, ch. 871, kiosks). Licensing deadline delayed to 2026-07-01 by AB 1934 (Stats. 2024, ch. 945). Cleaned up by SB 97 (Stats. 2026, ch. 52), urgency statute signed 2026-06-30. |
| Money-transmitter law | Money Transmission Act, Fin. Code § 2000 et seq. CSBS lists it as a Partial MTMA, effective 2024-01-01, Virtual Currency Title: No (CSBS). |
| UMSA? | No |
| URVCBA? | Not adopted by name. The DFAL's definitions closely track the URVCBA. For example, to "exchange" means to "assume control of a digital financial asset ... at least momentarily, to sell, trade, or convert", which is our comparison with the uniform act's wording. |
| Crypto ATM / kiosk law | Yes. Fin. Code §§ 3901–3907 (SB 401, 2023): $1,000 per day; fees capped at the greater of $5 or 15% from 2025-01-01; kiosk operators need a DFAL licence from 2026-07-01. |
Summary
California built a crypto-specific licensing regime, the DFAL, instead of folding crypto into its money-transmitter law. Since 2026-07-01, anyone exchanging, transferring or storing digital financial assets for California residents needs a DFPI licence or a completed pending application, unless exempt. Penalties for unlicensed activity reach $100,000 per day (secondary source).
Other 2025–2026 laws:
- SB 97 (2026) repealed the DFAL's stablecoin chapter, deferring to the federal GENIUS Act.
- SB 822 (2025) lets the State Controller take abandoned crypto in kind through a DFPI-licensed custodian.
- AB 2409 (2026) bars public officials from issuing meme coins.
- SB 1208 (2026), sponsored by the Attorney General, adds digital assets to the money-laundering law and creates a warrant-and-return process for seized crypto.
Kiosk rules have applied since 2024. The DFPI has enforced them against at least four operators, including Coinme, Coinhub and Hermes Bitcoin.
1. Money-transmitter licensing and virtual currency
- The Money Transmission Act does not license crypto-only business. The DFPI has not historically licensed crypto-only firms under it; the DFAL was created instead (the agency's historical position is not re-verified here; the DFPI site returned HTTP 403).
- The DFAL is the operative licence. Fin. Code § 3201, as amended by SB 97: "On or after July 1, 2026, a person shall not engage in digital financial asset business activity ... with or on behalf of a resident unless" the person:
- (a) is licensed;
- (b) "submits a completed application on or before July 1, 2026, and is awaiting approval or denial"; or
- (c) is exempt under § 3103.
- Definitions (§ 3102, as amended by SB 97):
- "Digital financial asset" means "a digital representation of value that is used as a medium of exchange, unit of account, or store of value, and that is not legal tender". Bitcoin is squarely covered. Rewards points, in-game items and registered or exempt securities are excluded.
- "Digital financial asset business activity" means "Exchanging, transferring, or storing a digital financial asset", or holding electronic precious metals.
- These definitions are saved in
CA-codes-DFAL-kiosk-unclaimed-sections-2026-10.html. - What SB 97 (2026) changed:
- It repealed DFAL Chapter 6 on stablecoins in light of the federal GENIUS Act.
- It required a completed application to qualify for the safe harbour.
- It extended the conditional-licence path for New York BitLicense holders to licences issued by 2025-01-01.
- It narrowed the reporting duties.
- Sources: Legislative Counsel digest in the chaptered text (saved); Morrison & Foerster summary via JD Supra (law-firm summary).
- DFAL regulations: the Office of Administrative Law approved them on 2026-06-29, after rejecting the first submission in May 2026. They create three exemptions from separate Money Transmission Act licensing for fiat movements linked to DFAL activity (MoFo via JD Supra; the regulation text itself was not retrieved).
- Application details (secondary): NMLS began taking DFAL applications on 2026-03-09. The DFPI signalled a starting tangible net worth of $100,000 and a $500,000 surety bond (TechTimes, 2026-07-01).
2. Other virtual-currency-specific laws
| Law | What it does | Status | Source |
|---|---|---|---|
| SB 822 (Stats. 2025, ch. 660) | Code Civ. Proc. § 1516.5: digital financial assets escheat after 3 years without owner activity. § 1568: the Controller may pick DFPI-licensed custodians to hold escheated crypto in kind. | Chaptered 2025-10-11; effective 2026-01-01 | Chaptered text and code sections (saved) |
| AB 1029 (Stats. 2025, ch. 85) | Officials' statements of economic interests must cover digital financial assets (Gov. Code §§ 82034, 87206, 87302, 87350) | Chaptered 2025-07-30; effective 2026-01-01 | pubinfo law-section table |
| AB 2409 (Stats. 2026, ch. 473), Asm. Valencia | Public officers and employees may not issue meme coins. Digital-asset service providers may not list for California residents a meme coin issued on or after 2027-01-01 by or with a federal, state or local official. Enforced by civil action from the AG, DAs, city attorneys or county counsel. New Gov. Code § 7599.210 et seq. | Chaptered 2026-09-27 | Chaptered text (saved); Governor's release, 2026-09-27 |
| SB 1208 (Stats. 2026, ch. 483), Sen. Grayson, sponsored by AG Bonta | Until 2032-01-01: money laundering covers digital-asset transactions. Police may get warrants to seize digital assets and petition to return them to victims even when no conviction is possible because the perpetrators are abroad. | Chaptered 2026-09-27 | Chaptered text (saved); AG statement via Sierra Sun Times, 2026-10-04 |
| Executive Order N-9-22 (Gov. Newsom, May 2022) | Directed agencies to develop a blockchain and crypto framework | Issued 2022 (not retrieved; from memory, unverified) |
3. Crypto ATM / kiosk law
Fin. Code §§ 3901–3907, added by SB 401 (Stats. 2023, ch. 871) and amended by AB 1934 (2024). Official text is saved in CA-codes-DFAL-kiosk-unclaimed-sections-2026-10.html.
- § 3902: "An operator shall not accept or dispense more than one thousand dollars ($1,000) in a day from or to a customer via a digital financial asset transaction kiosk." Effective 2024-01-01.
- § 3904: from 2025-01-01, charges per transaction may not exceed "the greater of" $5 or 15% of the dollar value at a licensed exchange's quoted price. "Charges" include the spread over market price (§ 3901(a)).
- § 3905: from 2025-01-01, disclosures in English and the operator's advertising language. They must cover the amount, fees, and the price charged against a licensed exchange's price, plus a finality warning. Detailed receipts are also required.
- § 3906: operators must give the DFPI a list of kiosk locations, which the DFPI publishes.
- § 3907: from 2026-07-01, operators must hold a DFAL licence. An operator hosting someone else's activity must make sure that firm is licensed and within the § 3904 cap.
- No refund mandate comparable to other states. AARP's tracker lists California with limits, receipts and licensing, but no refund provision (AARP).
- Local rules: San Diego moved in September 2026 to require warning signs at crypto ATMs (Mercury News/SiliconValley.com, 2026-09-18; not retrieved in full).
4. Tax treatment
- California personal income tax generally follows federal treatment, under which bitcoin is property and gains are taxed as ordinary income at California rates, since California has no capital-gains rate. (We did not retrieve FTB guidance; unverified.)
- Sales and use tax: buying bitcoin itself is not a sale of tangible personal property (CDTFA guidance not retrieved; unverified).
5. Notable enforcement
The DFPI website refused automated access, so the actions below come from secondary sources:
| Date | Action | Source |
|---|---|---|
| 2025-06-25 | Coinme Inc.: first DFAL enforcement action. $300,000 penalty, including $51,700 restitution to an elderly Californian, for exceeding the $1,000 daily limit and missing receipt disclosures. | ABC7; TechTimes |
| 2025 | LSGT Services LLC (Coinhub): $675,000, including $105,000 restitution, for fees over the cap, cash above $1,000 a day, and missing disclosures. Actions also against Coin Time LLC (Wyoming) and Anh Management LLC (Hermes Bitcoin). | Yahoo/Nexstar; Yahoo Finance |
| 2026-01-14 | Nexo Capital Inc.: $500,000 for unlicensed crypto-backed lending under the California Financing Law | TechTimes |
| 2026-05-18 | Hermes Bitcoin: ordered to shut all 42 Southern California kiosks by 2026-05-20, with a suspended $9.9M penalty. The DFPI cited more than 14,120 receipt and disclosure failures and 3,006 transactions over the daily limit. | TechTimes |
| 2026-10-08 | Coinme 34-state settlement ($2.5M; kiosks to close by 2027-01-01). California is not among the 34 participating agencies listed in Appendix A Coinme consent order, App. A–B (completeness check, 2026-10-09). | CSBS |
6. Bills, 2025–26 session
Statuses come from the Legislative Counsel's public data file (BILL_TBL and BILL_HISTORY_TBL in pubinfo_2025.zip, dated 2026-10-04), downloaded 2026-10-09 from downloads.leginfo.legislature.ca.gov. The session's final-passage deadline was 2026-08-31 and the governor's signing deadline 2026-09-30, so every bill not chaptered is dead.
| Bill | Subject | Status |
|---|---|---|
| SB 97 | DFAL clean-up; stablecoin chapter repealed | Chaptered, ch. 52, 2026-06-30 (urgency) |
| SB 822 | Unclaimed digital financial assets | Chaptered, ch. 660, 2025-10-11 |
| AB 1029 | Officials' financial-interest statements include digital financial assets | Chaptered, ch. 85, 2025-07-30 |
| AB 2409 | Meme coins | Chaptered, ch. 473, 2026-09-27 |
| SB 1208 | Money laundering and seizure of digital assets | Chaptered, ch. 483, 2026-09-27 |
| AB 1052 (2025) | "Digital assets / Money Transmission Act" | Held under submission in Appropriations (2025-08-29); dead |
| AB 236 (2025) | DFAL regulatory fees | Died 2026-02-02 |
| AB 2285 (2026) | "Digital Financial Asset Banking Act" | Author cancelled its Senate hearing (2026-06-29); dead |
| AB 2335 (2026) | Unclaimed property: digital financial assets | Held under submission in Senate Appropriations (2026-08-13); dead |
Pending: none. The 2027–28 session begins in December 2026.
7. Contested and fringe claims
- Meme-coin law and the President. The Governor's release frames AB 2409 against President Trump's own meme coin. It asserts that buyers "have lost more than $3 billion" while the President made "roughly $636 million", citing "recent reporting". These figures are the Governor's office's claims and were not independently checked. Industry critics, for example a "Stand With Crypto" response in 2025 to the Illinois governor's similar "crypto bro" remarks, call such framing anti-crypto politics.
- "California is the de facto national crypto regulator." TechTimes argues the DFAL could make California a de facto national standard. That is commentary, not law.
- Exodus fears. Some commentators predicted a "BitLicense-style exodus". The California Blockchain Advocacy Coalition's Joe Ciccolo told Decrypt that "marginal or under-resourced players may choose to exit California" (quoted in TechTimes). Whether firms actually left is unverified.
Saved sources (sources/states/ca/)
See sources/states/ca/INDEX.md.
Gaps
- DFPI, leginfo and the State Controller's site returned HTTP 403 or Cloudflare challenges. As a result we could not retrieve:
- DFPI press releases (enforcement dates come from secondary reports);
- the DFAL regulation text;
- the DFPI's kiosk location list;
- the Controller's crypto custodian status.
- FTB and CDTFA crypto guidance was not retrieved.
- Executive Order N-9-22 was not retrieved.