Buds Behind Bars: An Analysis of People v. Raybon

If you wish to re-publish this story please do so with following accreditation AUTHOR:  Heather Elise Razook PUBLISHER:  CANNABIS LAW REPORT Introduction The purpose of this paper is to compare the arguments presented in People v. Perry[i] and People v. Raybon.[ii] Both are California appellate court decisions decided in 2019. The cases both examine whether possession of marijuana in a correctional institution is punishable by the Penal Code. Put in the simplest terms, Raybon says Proposition 64 decriminalized possession of cannabis (within the parameters of the law) in correctional institutions and Perry says it did not. Before addressing the arguments, it is necessary to define several basic provisions that this paper will use. First, Proposition 64 (“Prop 64”) is a California Voter Initiative decided in 2016 that legalized marijuana in certain capacities.[iii] Prop 64 legalized marijuana for recreational use for adults over the age of 21 and allowed adults over age 21 to possess up to 28.5 grams of marijuana.[iv] Second, Health and Safety Code section 11362.1 (“H&S 11362.1”) is the code section that came about after Prop 64 was passed.[v] Subject to certain exceptions, this section states that it is legal for an adult over age 21 to possess up…

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