California’s 3rd District Court of Appeal ruled that inmates can have a small supply of marijuana behind bars but “smoking or ingesting cannabis in prison remains a felony.” The ruling overturned convictions of five inmates busted for possessing marijuana in prison. From KTLA:
“The voters (who in 2016 passed Proposition 64 legalizing marijuana) made quite clear their intention to avoid spending state and county funds prosecuting possession of less than an ounce of marijuana, and quite clear that they did not want to see adults suffer criminal convictions for possessing less than an ounce of marijuana,” Sacramento County Assistant Public Defender Leonard Tauman said in an email. The appeals court “quite properly honored what the electorate passed…”
While prison officials can still punish inmates for violating the rules, “this ruling will prevent inmates from having years added to their sentences for simple possession, reducing overcrowding and saving $50,000-75,000 a year in unnecessary costs,” said Assistant Public Defender David Lynch.
image: Ahston / CC BY 2.0
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