California court: Prison pot is OK _ if inmates don’t inhale
SACRAMENTO, Calif. (AP) — California judges say prison inmates can legally have small amounts of marijuana — if they don’t inhale.
The 3rd District Court of Appeal ruled Tuesday that California voters in 2016 legalized recreational possession of less than an ounce (28 grams) of cannabis with no exception — even for those behind bars.
The court overturned the convictions of five inmates who were found with marijuana in their prison cells.
However, the three-judge court said state law does prohibit smoking or ingesting pot in prison. Also, officials can still punish possession as a rules violation — and corrections officials say pot possession is still against those rules.
Attorney General Xavier Becerra’s office says it’s reviewing the appellate court ruling but didn’t say whether it will appeal.