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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 police officers shot and killed a black man in his grandmother's backyard because they believed he was pointing a gun at them, police said.But investigators say they did not find a weapon at the scene, only a cell phone near the man's body.The fatal shooting of Stephon Clark on Sunday night was recorded by two officers' body cameras and from a police helicopter; that footage was released Wednesday.The videos show a brief encounter between police and Clark, lasting less than a minute, from the moment one of the officers spotted him in the driveway and yelled, "Hey, show me your hands. Stop. Stop."In the dark, the two police officers chased Clark into the backyard of his grandmother's home."Show me your hands!" one of the officers yelled. "Gun, gun, gun."Then police opened fire. Clark crumpled to the ground, momentarily tried to crawl before falling motionless as more shots erupted around him.His death has caused outrage among residents who say that the officers should be held accountable for his death. Police have said the officers fired only because they thought their lives were at stake.As more police arrived at the scene, someone is heard asking "What did he have on him?"An officer responded, "Like this, something in his hands. It looked like a gun from our perspective."Minutes after the shooting, as more officers arrive on the scene, a voice is heard saying, "Hey, mute," and the audio on the body camera cuts off.Clark's grandmother said she was inside the house when the shots were fired and saw him with an iPhone."He was right there dead. I told the officers, you guys are murderers, murderers, murderers," she told the Sacramento Bee. 1683

SACRAMENTO, Calif. (AP) — California Gov. Jerry Brown is leaving office Jan. 7 after signing more than 1,000 laws in his last year, further positioning the state as a bastion of liberal activism and goad to President Donald Trump.The laws, most of which take effect Tuesday, ease criminal sentences, tighten gun restrictions and address climate change, gender discrimination and sexual harassment.The Democratic governor approved 1,016 laws, the most in any of his last eight years in office. His 201 vetoes also were the most during his final two terms, as lawmakers passed a record number of measures.Counting his two terms from 1975 to 1983, the state's longest-serving governor vetoed 1,829 bills and saw 17,851 become law.Here are some of the laws taking effect with the new year:CRIMINAL JUSTICESweeping new laws bar juveniles younger than 16 from being tried as adults, even for murder, and keep children under 12 out of the criminal justice system unless they are charged with murder or rape.Other laws allow many defendants to ask judges to dismiss their charges if they show mental illness played a major role in their crime and limit the state's felony murder rule, which holds accomplices to the same standard as the person who carried out the killing.A new law responding to police shootings of young black men broadens public access to officers' personnel records. A police union is challenging whether the law is retroactive.Repeat drunken drivers and first-time offenders involved in injury crashes must install an ignition interlock device, which blocks their vehicle from starting if the driver isn't sober.GUNSSpurred by mass shootings, lawmakers further tightened California's already tough gun laws.Anyone convicted of certain domestic violence misdemeanors will be barred for life from possessing a firearm, while those under age 21 will be banned from purchasing a rifle or shotgun unless they are members of law enforcement or the military or have a hunting license.Several other laws already took effect, including measures explicitly banning rapid-fire bump stocks that attach to guns; requiring eight hours of training for concealed carry applicants; and allowing police to seize ammunition and magazines under domestic violence restraining orders.A lifetime firearm ban goes into effect in 2020 for anyone who has been hospitalized for a mental health issue more than once in a year.WILDFIRESUtilities may bill customers for future legal damages and for settlements from the deadly 2017 wildfires that caused more than billion in insured losses, even if the companies' mismanagement caused the blazes.The measure is among more than two dozen wildfire-related laws.Others make it easier to log trees, build firebreaks and conduct controlled burns of vegetation that would fuel wildfires; require investor-owned utilities to upgrade equipment so it's less likely to cause fires; safeguard residents' insurance coverage following disasters; and improve emergency notifications.GENDER DISCRIMINATION AND SEXUAL HARASSMENTCalifornia becomes the first state to require publicly held corporations to have at least one woman on their boards of directors by the end of 2019 and two or more by 2021.Spurred by the #MeToo movement, another new law bans private and public employers, including the state Legislature, from reaching secret settlements over sexual assault, harassment or discrimination. A law preventing businesses from requiring employees to sign liability releases to keep their jobs or receive bonuses is among several expanded protections.Californians also can list their gender as "nonbinary" on their driver's licenses, designated as the letter "X."CLIMATE CHANGECalifornia's utilities must generate 60 percent of their energy from wind, solar and other renewable sources by 2030, which is 10 percent higher than a previous mandate. Lawmakers set a goal of phasing out electricity from fossil fuels by 2045."This is historic because there is no economy larger in the world that has committed to pure clean energy," former Democratic state Sen. Kevin de Leon of Los Angeles wrote when Brown signed the bill into law.It was California's latest ambitious reaction to Trump's decisions to withdraw from the Paris climate accord and revive the coal industry.Other new laws study ways to ease the impact of climate change, encourage the use of biomethane and protect Obama administration targets for removing "super pollutants" called hydrofluorocarbons from refrigerants.Another law bars the Trump administration from expanding oil drilling off the California coast by blocking new pipelines and other supporting construction in state waters.OTHER LAWS— Dine-in restaurants may only provide drinking straws at customers' request.— Restaurants that advertise children's meals must include water or unflavored milk as the default beverage, though customers can still order other options.— Elections officials must provide prepaid return envelopes for vote-by-mail ballots. They also must give voters a chance to correct a ballot signature that doesn't match the one on file and let them track mail-in ballots.— The minimum wage rises to for companies with 26 or more employees and for smaller businesses as California phases in a base hourly wage.— A bill protecting net neutrality rules was set to take effect Jan. 1 but was blocked until a federal lawsuit is resolved. 5423

SACRAMENTO, Calif. (AP) -- A California prosecutor says someone has filed an unemployment claim in the name of convicted murderer Scott Peterson.Sacramento County District Attorney Anne Marie Schubert said it is one of at least 35,000 unemployment claims made on behalf of prison inmates between March and August.Schubert said the state has paid out at least 0 million in benefits.At least 158 claims have been filed for 133 inmates on death row.Schubert called it perhaps the biggest fraud of taxpayer dollars in California history.Prosecutors say the scam involves people outside of prison filing claims on behalf of the inmates. 642

SACRAMENTO, Calif. (AP) — California is moving to eliminate what state legislators call an outdated Wild West law requiring that citizens help police upon demand.Lawmakers on Thursday sent Gov. Gavin Newsom a measure eliminating the California Posse Comitatus Act of 1872.The nearly 150-year-old law makes it a misdemeanor with a fine of up to ,000 for failing to help police make an arrest or catch a fleeing suspect.Democratic Sen. Bob Hertzberg of Van Nuys says his interns initially proposed eliminating a law that he says "belongs in the history books, not the law books."Democratic Assemblywoman Sydney Kamlager-Dove of Los Angeles says it was also used to help apprehend runaway slaves.She calls it "a visage of a bygone era" now that California has plenty of professionals to catch criminals. 810