Marijuana in Prisons and Jails

Marijuana in Prisons and Jails:  In November, 2016—perhaps in an attempt to numb themselves to the reality of what is happening to the once “Golden State”—California’s voters approved via Proposition 64 the so-called “Control, Regulate and Tax Adult Use of Marijuana Act,” adding Section 11362.1 to the Health and Safety Code.  This new section makes lawful the possession of up to 25.8 grams (an ounce) of marijuana (or, more correctly, “cannabis”) by adults 21 years of age and older.  Some hoped this also meant that those incarcerated in California’s prisons and jails could similarly enjoy the pleasures of toking up on a doobie now and again, despite Pen. Code § 4573.6 saying that to do so is a no-no.  At least one California District Court of Appeal agreed with this conclusion.  (See People v. Raybon (Third Dist. 2019) 36 Cal.App.5th 111; review granted.)  Several other district courts ruled to the contrary.  (People v. Perry (First Dist. 2019) 32 Cal.App.5th 885, and People v. Herrera (Sixth Dist. 2020) 52 Cal.App.5th 982; review granted.)  Finally, the California Supreme Court resolved this issue by reversing the Raybon decision, ruling that ....