California Court Permits Inmates to Possess Marijuana in State Prisons
Earlier this week, the California Supreme Court issued a rather unusual ruling: from now on, inmates in the California state correctional system are legally allowed to possess marijuana while incarcerated.
The case centered on a class-action lawsuit filed on behalf of five inmates who faced an additional 2–4 years on their sentences for possessing and consuming contraband marijuana. In response to the charges, the inmates filed a counterclaim in the California Court of Appeal, arguing that the punishment was “excessive and harsh,” especially since possession of up to one ounce of marijuana for personal use is now legal for all California residents.
Although the original lawsuit was dismissed by the Sacramento County Court, the state’s Third District Court of Appeal took up the complaint and agreed to review it. On Tuesday, the court overturned the lower court’s decision, not only canceling the sentence extensions for the plaintiffs but also setting a legal precedent: all inmates in California’s correctional system can now legally possess small amounts of marijuana in prison.
“According to the provisions of California’s Health and Safety Code, as well as Proposition 64, possession and use of marijuana in amounts not exceeding one ounce is no longer a misdemeanor,” noted Judge Vance Ray in his verdict.
It’s important to note, however, that since smoking marijuana in public places is still prohibited by state law, inmates are still not legally allowed to consume the substance. Additionally, the court’s decision applies only to prisons within the California state correctional system. Inmates in facilities managed by the federal government will not receive this privilege.
“Given the language of the legalization law, it’s clear that simply possessing marijuana in public places is legal, regardless of the type of institution where a California resident is located,” Judge Ray also stated in his verdict.
Although the state’s Attorney General attempted to challenge the decision, arguing that the legalization law was not intended to apply to those in correctional facilities, the judge pointed out that “the language of the marijuana legalization law in California clearly and explicitly states that it applies to all adult residents and visitors of California during their stay in the region.”
“Based on the final wording of the legalization law and common sense, it’s reasonable to conclude that the criminalization measures proposed and supported by the Attorney General are no longer relevant in the eyes of the general public, which no longer considers marijuana possession grounds for criminal sanctions,” the verdict concluded.
The most positive outcome of this story is that the five plaintiffs—Goldie Rayborn, Anthony Cooper, Dewey Davis, Scott Haines, and James Potter—received official pardons, meaning their sentences were reduced in connection with this incident.