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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) — The chair of the California Democratic Party took a leave of absence Monday amid an investigation into sexual misconduct allegations against him.Eric Bauman's leave will last until an outside investigation ends, party spokesman Mike Roth said."Chair Bauman believes this decision is the best way to ensure the independence and integrity of the process," Roth said in a statement. "The Party is confident that the procedures in place will allow for all parties to come forward freely and provide for a thorough and complete review."A party vice chair accused Bauman last week of sexually harassing and assaulting several unnamed people at party functions and called for Bauman's resignation. Others including California U.S. Rep. Ro Khanna and the Orange County Young Democrats called for Bauman to step aside.Daraka Larimore-Hall, the vice chair, spoke to two accusers and a witness, the Sacramento Bee newspaper reported.Bauman announced an outside investigation on Saturday."I take seriously any allegation brought forward by anyone who believes they have been caused pain," Bauman said in a statement. "I look forward to putting these allegations behind us and moving forward as unified Democrats."The party's executive board could vote to remove Bauman from office. But Larimore-Hall's call for Bauman's removal is still several steps from such a vote.In a letter to the party last week, Larimore-Hall said stories from Bauman's accusers illustrate a "clear and escalating pattern" of inappropriate behavior.Larimore-Hall did not respond to a request for comment Monday from The Associated Press.Bauman's leave comes just weeks after California Democrats made major gains in the midterm elections, winning key congressional seats in territory long held by Republicans.A series of sexual misconduct allegations against lawmakers, lobbyists and others in politics rocked California's political world late last year, at the height of the #MeToo movement. Three Democratic men resigned as state lawmakers after investigators hired by the Legislature found they likely engaged in inappropriate behavior.Bauman narrowly won the party chairmanship last year against Kimberly Ellis after a contentious battle between establishment Democrats and progressive activists.During that fight, Bauman said he was falsely targeted by rumors he engaged in inappropriate behavior with teenage boys. Bauman is the party's first openly gay chairman.Bauman called the rumors "despicable lies," and Ellis denounced them.First Vice Chair Alex Rooker will take over Bauman's duties while the investigation proceeds. 2628

RIVERSIDE, Calif. (AP) -- The man who bought two rifles that terrorists used to kill 14 people in a 2015 attack in San Bernardino, California, has been sentenced to 20 years in prison.Enrique Marquez Jr. supplied the weapons that Syed Rizwan Farook and Farook's wife used to open fire on a meeting and holiday gathering of San Bernardino County employees who worked with Farook.The couple fled after killing 14 people and wounding 22 and died later that day in a gunbattle with authorities.Marquez showed no emotion during the federal court hearing Friday as relatives of the victims asked a judge to give him a lengthy sentence. 637

RIVERSIDE, Calif. (AP) — Prosecutors have filed eight new charges against a Perris father accused of shackling and starving some of his 13 children, alleging that he lied on government forms about their schooling.The Riverside County district attorney's office said Friday that David Turpin was charged with eight felony counts of perjury related to paperwork he filed yearly with the California Department of Education certifying his children were receiving a fulltime education in a private day school.John Hall, a spokesman for the district attorney's office, said one charge was filed for each year the paperwork was completed from 2010 to 2017.Turpin and his wife Louise previously pleaded not guilty to torture, child abuse and other charges in a case that has drawn international attention since the couple's 17-year-old daughter escaped the family's Perris, California, home in January and called 911.Authorities said evidence of starvation was obvious, with the oldest sibling weighing only 82 pounds, and the children were shackled as punishment, denied food and toys and allowed to do little except write in journals.Turpin, who appeared in court briefly Friday wearing a sage green button down shirt and yellow tie, didn't enter a plea to the new charges during a brief hearing in Riverside. His attorney declined to comment after the hearing.The couple, who are each being held on million in bail, is due back in court May 18 and has a preliminary hearing scheduled for June 20.State records show Turpin listed the family's home address in Perris, California, as the site of a private day school.The children, who were removed from the home and initially hospitalized, ranged in age from 2 to 29. 1721

SACRAMENTO, Calif. (AP) — California's state auditor says the California State Lottery skimped on giving million in revenue to fund public education funding and spent 0,000 on food and travel expenses without considering cheaper options. The auditor's report made public Tuesday says the lottery agency should have accounted for an increase in profits for the fiscal year that ended in June 2018 by providing million in public education financing.The auditor also recommended that the state legislature amend the Lottery Act to ensure audits of the lottery's procurement process at least once every three years.The California State Lottery says in a written response accompanying the audit that it disagrees with the auditor's findings and that the agency gives the most money it can for education.“Lottery revenues and contributions to education were declining in the years prior to the passage of AB 142. The year before this change, the Lottery’s contributions to education were approximately .05 billion. In contrast, last year the Lottery provided .8 billion–the highest contribution to date. Had the Lottery utilized CSA’s interpretation of the law, it would have had to intentionally suppress sales for certain games, resulting in fewer dollars to public education," CA Lottery wrote. “The Lottery disagrees with CSA’s underlying conclusions of the value of its Fairs and Festivals program. The Lottery must continually raise brand awareness, incentivize and persuade California adults to voluntarily purchase Lottery products to meet its mandate to provide supplemental funding to education." 1623

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