Isaac Netzer: California Inmates May Not Possess Cannabis

Isaac Netzer: California Inmates May Not Possess Cannabis
CANNANNEW REPORT

California Inmates May Not Possess Cannabis Isaac Netzer The recently decided case of People v. Raybon, 492 P.3d 937, 1056 (2021) the Supreme Court of California made it abundantly clear that the State’s Proposition 64 does not invalidate cannabis-related convictions under California Penal Code § 4573.6, which makes it a felony to possess a controlled substance in a state correctional facility. Issue In this case, the Court examined whether Proposition 64, which generally legalized the adult possession of up to one ounce of cannabis in California, contained language expansive enough to allow for the possession of the same amount of cannabis in state penitentiaries. Ruling The Court ruled that Proposition 64, while expansive in many areas of cannabis law, contains an exception that precludes the legal possession of cannabis within state prisons. Analysis In this case, the court explicitly explains that “Proposition 64…does not invalidate cannabis-related convictions under Penal Code § 4573.6, which makes it a felony to possess a controlled substance in a state correctional [facility].”[1] The Proposition, adopted in late 2016, generally legalizes adult possession of cannabis within California; however, it contains several exceptions meant to protect public health and welfare.[2] Among these exceptions provides that the Act does not amend or affect “[l]aws pertaining to smoking or ingesting cannabis or cannabis products on the grounds of, or within, any facility or institution under the jurisdiction of the Department of Corrections and Rehabilitation …”[3] The defendants argued that this exception, while clearly applying to the “smoking or ingesting” of cannabis within state penal institutions—i.e., consumption—did not also apply to the mere possession of the substance.[4] However, the California Attorney General disagreed, contending that the exception is broad enough to encompass statutes pertaining to possession.[5] Ultimately, and as discussed below, the Court agreed with the Attorney General. The five defendants in this case were found in possession of…

Excerpt only …
READ MORE BELOW
Source : Isaac Netzer: California Inmates May Not Possess Cannabis

reposted by Cannabis News World

This site uses Akismet to reduce spam. Learn how your comment data is processed.