People v. Raybon
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Summary

In this 2019 case, the court held that Proposition 64 did not legalize cannabis possession in prison; possession under Penal Code §4573.6 remained a felony despite civil decriminalization.

2019 | State Juristiction

People v. Raybon

Keywords Proposition 64; cannabis possession; prison; Penal Code §4573.6; felony; decriminalization; cannabis legalization; California; 2019 case; legal possession
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2019 Case: Proposition 64 and Prison Cannabis Possession

The 2019 court decision established that Proposition 64's legalization of cannabis did not extend to prison settings. The court maintained that possession of cannabis within prison, as defined under Penal Code §4573.6, constitutes a felony offense irrespective of the civil decriminalization enacted by Proposition 64.

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Proposition 64 and Prison Cannabis Possession

The 2019 court decision clarified that Proposition 64's legalization of cannabis did not extend to prison settings. The court maintained that possession of cannabis in prison, as defined under Penal Code §4573.6, remained a felony offense, irrespective of the broader civil decriminalization achieved through Proposition 64. This ruling highlighted a crucial distinction between state-level legalization and the continued prohibition of cannabis within the correctional system. The legal implications of this decision underscore the complex interplay between state-level reforms and the independent regulatory framework governing prisons.

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Summary

A 2019 court case clarified that even after California's Proposition 64 made cannabis legal for recreational use, possessing it in prison remained a felony. This is because a separate law, Penal Code §4573.6, specifically outlaws prison drug possession, regardless of changes in state law.

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Summary

In 2019, a court decided that even though California's Proposition 64 made some cannabis use legal, it's still illegal to have it in prison. Having cannabis in prison is still a serious crime, even if it's not a crime outside of prison.

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Footnotes and Citation

Cite

36 Cal.App.5th 111 (2019)

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