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SACRAMENTO, Calif. (AP) — California Gov. Gavin Newsom eased the sentences or criminal histories of nearly three dozen current or former felons on Tuesday.They include 10 pardons intended to aid immigrants who face the possibility of deportation.One of the 10 is currently in a federal immigration detention facility. The 10 were among 22 pardons, 13 commutations and four medical reprieves, the last a category prompted by the coronavirus pandemic.The state corrections secretary and a federal court-appointed official recommended the medical risk clemency review.They are in addition to thousands of other earlier releases intended to free space within the state's prison system to slow the virus' spread. 715

SACRAMENTO, Calif. (AP) — A California appeals court says it's legal to have small amounts of marijuana in prison — so long as inmates don't inhale.The 3rd District Court of Appeal ruled that California voters legalized recreational possession of less than an ounce (28 grams) of cannabis in 2016, with no exception even for those behind bars.But the court says state law does prohibit smoking weed in prison. Prison officials can also still punish pot possession as a rules violation."According to the plain language of ... Proposition 64, possession of less than an ounce of cannabis in prison is no longer a felony," the court ruled Tuesday. "Smoking or ingesting cannabis in prison remains a felony."RELATED: City votes in favor of marijuana production site in Kearny MesaThe court overturned the Sacramento County convictions of five inmates who had been found with marijuana in their prison cells."The voters made quite clear their intention to avoid spending state and county funds prosecuting possession of less than an ounce of marijuana, and quite clear that they did not want to see adults suffer criminal convictions for possessing less than an ounce of marijuana," Sacramento County Assistant Public Defender Leonard Tauman said in an email. The appeals court "quite properly honored what the electorate passed."Attorney General Xavier Becerra's office said it is reviewing the ruling and did not say if he will appeal.RELATED: Nevada becomes first state to ban pre-employment marijuana tests"We want to be clear that drug use and sales within state prisons remains prohibited," said corrections department spokeswoman Vicky Waters. She said 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 three-judge panel rejected the state's argument that guards will lose control over prisons if inmates are free to possess small quantities of marijuana, noting that possession can still be punished as a rules violation with longer prison terms or a reduction in privileges.While prison officials can still punish inmates for violating the rules, "this ruling will prevent inmates from having years added to their sentences for simple possession, reducing overcrowding and saving ,000-75,000 a year in unnecessary costs," said Assistant Public Defender David Lynch.RELATED: More than 100 illegal pot farms busted in Anza, tons of weed seizedThe judges scolded the attorney general's office for a counter-argument it said "uses arcane rules" and "twists the meaning of the words of the statute."Becerra's office argued that the court's reading of the law was absurd because it in effect allows controlled substances into prisons. But the court noted that it previously ruled that it's not illegal for inmates to have properly prescribed medications or medical marijuana behind bars — though it may be against the rules."The Attorney General raises the same hackneyed and losing arguments in each case involving contraband in jails or prisons," the judges wrote.Lawmakers held "an over abiding consensus" in the 1940s that drug use by inmates was "the ultimate evil," they wrote. But those old laws belie "a gradual change in attitude" first toward medical and eventually toward recreational marijuana."As a matter of public policy, his position may be sound," the judges wrote. "The fact that the Attorney General may not agree with the voters does not empower us to rewrite the initiative."They ultimately concluded that "a result is not absurd because the outcome may be unwise." 3667

SACRAMENTO, Calif. (AP) -- California's top public health official has resigned.Dr. Sonia Angell is out as director and state public health officer for the California Department of Public Health. Her resignation letter released late Sunday doesn't explain her departure.It comes just days after the state announced a fix for a glitch that caused a lag in reporting coronavirus test information used to make decisions about reopening businesses and schools.The state's Health and Human Services Agency has chosen two people to fill Angell's positions. One will be the acting health director, and the other will be the acting public health officer. 654

SACRAMENTO, Calif. (AP) — While California is seeing a slowdown in the spread of the coronavirus and counties are starting to fall off a state monitoring list for infections, Gov. Gavin Newsom says rules are not yet ready for businesses in those areas to reopen. Santa Cruz, San Diego and Placer counties recently came off the list and Newsom said Wednesday San Francisco will likely soon follow. He says counties can expect more details next week on what will be required for businesses like indoor gyms and salons to reopen in areas that fall off the monitoring list. Forty of the state's 58 counties remain on the list. 630

Retired Supreme Court Justice John Paul Stevens believes the students and demonstrators who protested this past weekend for gun control should seek a repeal of the Second Amendment."A concern that a national standing army might pose a threat to the security of the separate states led to the adoption of that amendment," Stevens wrote an op-ed published in The New York Times Tuesday, adding, "today that concern is a relic of the 18th century."A lifelong Republican but considered liberal in his judicial rulings, Stevens pointed to his dissent in the 2008 landmark District of Columbia v. Heller case that the Second Amendment protects an individual's right to possess a firearm for self-defense within his home. 722