A California appeals court docket says it’s authorized to have small quantities of marijuana in jail — as long as inmates don’t inhale.
The third District Court docket of Enchantment dominated that California voters legalized leisure possession of lower than an oz (28 grams) of cannabis in 2016, with no exception even for these behind bars.
However the court docket says state regulation does prohibit smoking weed in jail. Jail officers may also nonetheless punish pot possession as a guidelines violation.
“In line with the plain language of … Proposition 64, possession of lower than an oz of cannabis in jail is not a felony,” the court docket dominated Tuesday. “Smoking or ingesting cannabis in jail stays a felony.”
The court docket overturned the Sacramento County convictions of 5 inmates who had been discovered with marijuana of their jail cells.
“The voters made fairly clear their intention to keep away from spending state and county funds prosecuting possession of lower than an oz of marijuana, and fairly clear that they didn’t wish to see adults endure legal convictions for possessing lower than an oz of marijuana,” Sacramento County Assistant Public Defender Leonard Tauman mentioned in an electronic mail. The appeals court docket “fairly correctly honored what the citizens handed.”
Printed: June 13, 2019
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