- The California Supreme Court ruled on Thursday that prison inmates cannot possess marijuana under California’s law allowing the use of recreational pot
- The Supreme Court overturned a lower court ruling that claimed prisoners could have the drug in their jail cells as long as they did not consume it
- In 2016, voters approved Proposition 64 legalizing recreational pot, allowing people 21 or older to legally possess up to an ounce of marijuana
SACRAMENTO, California: The California Supreme Court ruled on Thursday that prison inmates cannot possess marijuana under California’s law allowing the use of recreational pot.
The Supreme Court overturned a lower court ruling that claimed prisoners could have the drug in their jail cells as long as they did not consume it.
The justices noted that the 2019 appellate court ruling allowing prisoners to have up to 1 ounce of marijuana defied common sense.
“It seems implausible” that the voters intended to decriminalize marijuana in prisons, Associate Justice Joshua Groban wrote for the majority.
“We agree with the Attorney General that if the drafters had intended to so dramatically change the laws regarding cannabis in prison, we would expect them to have been more explicit about their goals,” he wrote.
In 2016, voters approved Proposition 64 legalizing recreational pot, allowing people 21 or older to legally possess up to an ounce of marijuana.
In the 5-2 Supreme Court decision, Groban wrote: “While perhaps not illogical to distinguish between the possession and use of cannabis, it is nonetheless difficult to understand why the electorate would want to preclude laws criminalizing cannabis possession in prison, but permit laws criminalizing cannabis consumption in prison.”
