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California votes to legalize marijuana with Prop 64

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Californians voted to legalize marijuana on November 8, 2016.

With the approval of Proposition 64, the following rules are in effect as of 12:45 p.m. PST on November 9. All information provided is from the California Police Chiefs Association.

It is now legal for adults age 21 and older to possess, transport and share an ounce of marijuana and grow six plants in their residence.

It is still illegal to sell, sell to a minor or smoke in public.

It is also illegal to possess marijuana on the ground of a school, day care center or youth center while children are present. 

Prop 64 will also implement a 15 percent tax on retail sales, but pot shops that are eligible to sell recreational marijuana are not expected to open until January 2018. 

Revenue from that tax will be used for research to study medical marijuana, to develop protocols to determine whether a vehicle driver is impaired due to marijuana consumption and research the impact of prop 64. 

Green means the activity is legal, yellow is a misdemeanor and red is a felony.

Activity Previous Penalty New Penalty
Possession of up to 1 ounce of marijuana Infraction - $100 ticket Legal for 21+
Possession over 1 ounce of marijuana Misdemeanor - six months, $500 Misdemeanor - six months, $500
Intent to sell Felony - 16 months to three years Misdemeanor - six months, $500
Sales to minors Felony - three to seven years Felony - three to seven years
Possession up to 8 grams concentrate Misdemeanor - one year, $500 or both Legal for 21+
Possession over 8 grams concentrate Misdemeanor - one year, $500 Misdemeanor - six months, $500
Transport up to one ounce Misdemeanor - $100 Legal for 21+
Transport/share over one ounce Felony - two to four years Misdemeanor - six months, $500
Share up to one ounce Misdemeanor - $100 Legal for 21+
Homegrow up to six plants per residence Felony - 16 months to three years Legal for 21+
Homegrow over six plants Felony - 16 months to three years Misdemeanor - six months, $500
Smoking where tobacco is banned $100 ticket $250 ticket