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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) — Gavin Newsom will become California's 40th governor on Monday, succeeding fellow Democrat Jerry Brown.Here are 10 things to know about the next leader of the nation's most populous state:—Served as lieutenant governor from 2011 to 2019 and San Francisco mayor from 2004 to 2011.—Married to Jennifer Siebel Newsom, a documentary filmmaker and actress, and the couple has four children. Newsom is the son of William Newsom III, a former justice on the state court of appeals.—He is 51 years old.—Opened a San Francisco wine shop in 1992 with Billy Getty, the grandson of the oil tycoon J. Paul Getty. It grew into a network of wineries, hotels and restaurants known as the PlumpJack Group. Newsom is placing his ownership into a blind trust run by a family friend and attorney to avoid conflicts of interest while serving as governor.—Formerly married to Kimberly Guilfoyle, the prosecutor-turned-Fox news host who now dates Donald Trump Jr.—In 2004, as mayor, directed San Francisco city clerks to issue marriage licenses to gay couples, then in violation of state and federal law. A month later, the state Supreme Court halted the practice and voided the licenses.—Proposed and campaigned heavily for the winning 2016 gun control ballot measure that restricted possession of high-capacity magazines and required a background check to buy bullets, among other things.—Supported the 2016 ballot measure to legalize recreational marijuana, which won passage.—Has dyslexia, a disorder that can make it difficult to read. Newsom said it's forced him to learn how to over-prepare, and he memorizes most of his speeches.—Longtime family friend of Jerry Brown, and recalled licking envelopes for campaign materials during Brown's 1992 presidential bid. 1778

RIVERSIDE, Calif. (KGTV) -- One of the California Highway Patrol officers wounded during a shootout in Riverside Monday evening died and two others remain hospitalized Tuesday, according to the CHP.According to Riverside authorities, the shooting happened around 5:35 p.m. on the 215 Freeway near Box Springs Boulevard and Eastridge Avenue. CHP officer Andre Moye stopped the suspect driving a GMC pickup truck and then decided to impound the vehicle, officials said.RELATED: Cellphone video captures deadly officer-involved shooting in RiversideAs he was calling for a tow truck and filling out paperwork, the suspect entered the truck, grabbed a rifle and fired it at the officer, police say. Officer Moye was able to broadcast an "officer needs assistance" call.Of the first three officers on scene, two of them were immediately engaged, both of them were struck during a gun fire exchange, authorities said.One of them received major injuries to his leg and was taken to the hospital in critical condition. By Tuesday afternoon, “he was conscious and talking, in good spirits," said CHP Inland Chief Bill Dance.The other CHP officer received minor injuries to his leg.The suspect was killed in a shootout with a fourth CHP officer.Officer Moye was transported to Riverside County Medical Center in Moreno Valley and was pronounced dead, authorities said.“This incident shows just how dangerous the job of the California Highway Patrol and law enforcement is in general," said Dance.A "large contingent of security" was established at the hospital out of an "abundance of caution," said Riverside County Sheriff Chad Bianco.Tuesday, investigators continued the lengthy task of looking for evidence on the side of the 215 freeway."It was a long and horrific gun battle," said Riverside Police Chief Sergio Diaz. "And it resulted in a very extensive crime scene."In addition to the three CHP officers who were shot, police said a witness may have also been hit with something, but it doesn't appear to be gunfire. Video from the scene shows bullet holes in the front windshields of two CHP cars. During a news conference Tuesday, Diaz identified the gun used by the suspect only as a rifle, saying it had not yet been processed.KABC is reporting that family members of the suspected gunman identified him as Aaron Luther, a father of two from Beaumont in his late 40s.Watch the news conference in the player below: 2424

SACRAMENTO, Calif. (AP) — California moved Friday to eliminate climate-changing fossil fuels from its fleet of 12,000 transit buses, enacting a first-in-the-nation mandate that will vastly increase the number of electric buses on the road.The California Air Resources Board voted unanimously to require that all new buses be carbon-free by 2029. Environmental advocates project that the last buses emitting greenhouse gases will be phased out by 2040.While clean buses cost more than the diesel and natural gas vehicles they will replace, say they have lower maintenance and fuel costs. Supporters hope creating demand for thousands of clean buses will bring down their price and eventually other heavy-duty vehicles like trucks.California has 153 zero-emission buses on the road now with hundreds more on order. Most of them are electric, though technology also exists for buses powered by hydrogen fuel cells."Every state could do a strategy like this," said Adrian Martinez, an attorney for Earthjustice, an environmental legal group that supports the rule. "This is something that California did first because we have major air quality and pollution problems, but this is something other states could pursue."Existing state and federal subsidies are available to help transit agencies absorb some of the higher costs of carbon-free buses, along with money from the state's settlement with Volkswagen over the German automaker's emission-cheating software.In approving the mandate, air board members cited both a reduction in greenhouse gas emissions and improved air quality along heavily trafficked transit corridors in smog-polluted cities.The transportation sector accounts for 40 percent of California's greenhouse gases, and those emissions are rising even as electrical emissions have fallen substantially.California needs to drastically reduce transportation emissions to meet its aggressive climate change goals.The California Transit Association, a lobbying group, does not oppose electrifying the fleet but is concerned that zero-emission buses can't match the performance of the existing fleet and that there isn't enough money available for the transition, said Michael Pimentel, who is leading the organization's work on the issue."We do want to work alongside the Air Resources Board and our partners at the state and federal level to address these concerns and to ultimately achieve the goal of fully electrified fleets by 2040," Pimentel said. 2471

SACRAMENTO, Calif. (AP) — A California appeals court has ordered state corrections officials to cut the population of one of the world’s most famous prisons to less than half of its designed capacity. It cited officials’ “deliberate indifference” to the plight of inmates during the coronavirus pandemic. State prison officials said Wednesday that they are deciding whether to appeal. Otherwise, the order will force them to parole or transfer about 1,100 inmates serving time in San Quentin State Prison north of San Francisco. California’s oldest prison, home to its death row, was the site of one of the nation’s worst coronavirus outbreaks, with 28 inmate deaths and 2,200 infections. 696

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