Inmates can legally own cannabis in California jails, but even if it seems absurd, consumption remains illegal
Jails in California. This is one of those laws hard to understand for most. The truth is that there are many laws related to cannabis that are absurd. For example, in many countries the use of cannabis has been decriminalized, but possession, even of a minimal amount of marijuana, continues to be penalized. How is it possible to consume marijuana if you do not own it before?
In the prisons of the state of California the opposite happens. Inmates may possess cannabis; but they cannot consume it legally. How can anyone think that a prison inmate has cannabis and does not consume it? Alcohol is prohibited in prisons. Possession and consumption are prohibited.
On the other hand, inmates in California prisons can now own cannabis without having to face the legal consequences of the state’s health and safety code, as long as they do not consume it, thanks to a new ruling by the appellate court. .
All this legal status within the prisons of the state of California comes since the Court of Appeals of the 3rd District annulled the criminal convictions of five defendants from the Sacramento jail to those who had found marijuana in their prison cells.
The ruling of the Court of Appeals rendered a ruling on this and it was very clear. According to the voters of California, it is consumption and not possession, which must be punished while the user is in jail.
How is this apparent lack of common sense possible?
The reason for this absurdity is that the creators of Proposition 64 of California, which voters approved in 2016, which legalizes the consumption of recreational cannabis, did not draft any rule to prohibit the possession of marijuana for inmates of a prison. That is, there is a legal vacuum.
Trying to explain this absurd situation, the judges of the appellate court told the media that the question of the law they were reviewing was that if, because of too simple a language, the result has been absurd. “We have come to the conclusion that it is not” – they explained. “A result is not absurd although the result may be illogical.” I’m sorry but I cannot understand this argument in the face of such a flagrant lack of legislative provision, many people think they would have done better by closing their mouths.
Trying to explain this absurd situation, the judges of the appellate court explained to the media that the question of the law they were reviewing was whether because of a too simple language, the result has been absurd. “We have come to the conclusion that it is not” – they explained. “A result is not absurd because the result can be reckless.” Many people think they would have done better by closing their mouths.
However, the attorney general’s office may appeal the decision to the California Supreme Court. In addition, although inmates are exempt from prosecution at the state level, they may have consequences for possession of cannabis. Inmates may have their penitentiary credits revoked for good behavior and may even be taken to an isolation cell.
In order to possess cannabis, someone has had to bring him to jail. Marijuana smuggling in prisons and consumption continues to be a crime at the federal level. Therefore, prisoners could be charged by the federal prosecution for possession.
Many things are legal in normal life; things like alcohol or cell phones. But its possession is illegal inside a prison. Therefore, it is a matter of time before the possession of marijuana in prison is specifically prohibited.
The consequences for possession of marijuana are drastically different throughout the United States. While Californians may own cannabis without legal consequences, citizens of other states may be convicted of a felony for the same conduct.
Dan Horowitz, Lafayette’s attorney, told the media that he had a client facing a life sentence for allegedly sending marijuana to Missouri, while California inmates may have marijuana in their cells. It’s crazy
