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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. – Governor Jerry Brown says California has reached an agreement with the Trump administration on a National Guard border mission, according to the Associated Press.The agreement is to deploy 400 California National Guard troops to the border and elsewhere in the state. Wednesday, Brown announced that the troops will begin to deploy by the end of April.The federal government has agreed to fund the mission that will focus on drug and gun crime, not immigration, Brown’s office said.RELATED: President Trump, California Gov. Jerry Brown trade jabs on National Guard at border?Brown agreed to send troops on the mission last week but said troops wouldn’t be used to enforce immigration laws.The move sparked a back-and-forth between California and the federal government about how the state’s guard would fit into the overall mission.The president tweeted Tuesday: “Looks like Jerry Brown and California are not looking for safety and security along their very porous Border. He cannot come to terms for the National Guard to patrol and protect the Border. The high crime rate will only get higher. Much wanted Wall in San Diego already started!”RELATED: National Guard denies Associated Press reportDuring a press briefing Tuesday morning, Brown said, “I’m trying to deal with a human crisis. We have people being deported whose children don't even have any parents. businesses and communities being disrupted.” 1439

Rudy Giuliani said Sunday that special counsel Robert Mueller is aiming to finish the probe into potential wrongdoing by President Donald Trump by Sept. 1.Giuliani, Trump's attorney, confirmed to CNN that Mueller's office shared its timeline with him about a month ago.The former New York mayor said, however, that Mueller gave him the information within the context of a discussion about whether Trump would do an interview with the special counsel. Giuliani said the impression he got was that Mueller was saying if the President did do an interview, then the investigation into Trump's actions, including any potential obstruction of justice or possible collusion with Russia's interference in the 2016 election, could be wrapped up by that date. 762

SACRAMENTO, Calif. (AP) — California corrections officials say they arrested 110 sex offender parolees during an annual Halloween sweep designed to keep the offenders from contacting children or engaging in other Halloween activities.That's about 9 percent of the 1,252 parolees contacted statewide Wednesday.Officials said Thursday that eight parolees face new charges while the rest allegedly violated conditions of their parole.Thirty offenders were found with pornography, including two with child porn. Thirty-one had narcotics, drug paraphernalia or violated other parole conditions. Thirteen were found with weapons.It's the 25th year for the Halloween sweeps dubbed "Operation Boo."Officials say hundreds of parole agents and local law enforcement officers participated in the crackdown involving searches and compliance checks on sex offender parolees. 869

SACRAMENTO, Calif. (AP) — The California Assembly said Monday it denied a former lawmakers' appeal of an investigation that found he sexually harassed a lobbyist in 2016.Former Democratic Assemblyman Matt Dababneh had appealed the finding that he likely pushed the lobbyist into a bathroom at a Las Vegas party and masturbated in front of her while urging her to touch him. Lobbyist Pamela Lopez publicly made the accusation against Dababneh last December and submitted a complaint to the Assembly Rules Committee, which hired an outside investigator.The Assembly Rules Committee told Dababneh in a letter dated Friday that his appeal was reviewed and rejected.Dababneh denies harassing Lopez and is suing her for defamation. Representatives for Dababneh did not immediately respond to requests for comment.Lopez said she hopes the Assembly's rejection of Dababneh's appeal encourages other women to speak out about sexual harassment."This decision is an important step to uphold fairness, accountability, and equity in the workplace," she said in a statement.The lawyer hired by the Assembly to investigate the allegation interviewed more than 50 people and reviewed relevant documents, according to the letters released by the Assembly on Monday. In his appeal, Dababneh argued she did not interview some character witnesses he provided. He said he was denied due process because the Assembly didn't provide him with a copy of the investigation report.The Assembly says such reports are confidential and subject to attorney-client privilege.In his lawsuit against Lopez, Dababneh said he was forced by Assembly leadership and colleagues to resign his Los Angeles-area seat last year because of the allegations. He also said he has suffered depression and anxiety. He is seeking unspecified damages for defamation and intentional infliction of emotional distress.Lopez's lawyer, Jean Hyams, said Dababneh's lawsuit is an act of retaliation and an attempt to silence women. 1981