In yet another decision that could only come out of ultra-liberal California, an appeals court panel ruled that even while in prison, a person is allowed to possess up to an ounce of marijuana - so long as they don't actually smoke it.
The state had convicted five prisoners for marijuana possession, but that conviction has now been tossed out. Their justification for the decision was that the plain language of the law had no exception for prisons when it comes to ownership of marijuana.
In fairness, the judges ruled that the prisoners cannot smoke their weed, and that the prison can administer punishment since it violates the rules of the prison. In addition, a spokeswoman for the corrections department wanted to make clear that smuggling drugs into prison was still illegal.
Quoting a FOX54 report, the spokeswoman stated, "We want to be clear that drug use and sales within state prisons remains prohibited," adding that the department "is committed to providing a safe, accountable environment for prisoners and staff alike, and we plan to evaluate this decision with an eye toward maintaining health and security within our institutions."
The appeals court panel even had admonished California Attorney General Xavier Becerra for trying to charge the prisoners with a crime, saying, “The Attorney General raises the same hackneyed and losing arguments in each case involving contraband in jails or prisons.”
Proposition 64, the voter initiative that legalized the sale and ownership of marijuana, was passed in California back in 2016.