California court: Prison pot is OK _ if inmates don’t inhale
SACRAMENTO, Calif. (AP) — A California appeals court says it’s legal to have small amounts of marijuana in prison — so long as inmates don’t inhale.
The 3rd District Court of Appeal ruled Tuesday that California voters legalized recreational possession of less than an ounce of cannabis in 2016 with no exception — even for those behind bars.
But the court says state law does prohibit smoking or ingesting in prison. Prison officials can also still punish possession as a rules violation.
The court overturned the convictions of five inmates who were found with marijuana in their prison cells.
Attorney General Xavier Becerra’s office says it’s reviewing the ruling and didn’t say whether it will be appealed.
State corrections officials say pot possession is still against the rules.