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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) — Authorities say somebody stole a tripod from a California Department of Transportation crew and then dropped it from an overpass onto a Sacramento freeway, impaling the lung of a passenger in a van.The driver of the van, Tim Page, tells KCRA-TV that he was on Interstate 5 Thursday morning when the yellow-and-red tripod smashed through the glass. He says it went through his passenger's lung and popped out.The man survived but with broken ribs and a partially punctured lung.Authorities say a 32-year-old man, who the Sacramento Bee identified as homeless, threw the tripod was arrested after a brief struggle and chase. He had an outstanding warrant but may face a charge of attempted murder.Page volunteers with El Dorado Veteran Resources and had picked up his passenger, another veteran, from the airport. 845

SACRAMENTO, Calif. (AP) — California legislators are expected to pass a resolution condemning the state’s role in the U.S. government’s internment of 120,000 Japanese Americans during World War II. President Franklin D. Roosevelt's executive order in 1942 led to incarcerations at 10 camps, two in California.The Democratic assemblyman who introduced the resolution said the state would be apologizing for a time when "California led the racist anti-Japanese American movement.” The measure has bipartisan support, a rarity in the Legislature. 551

Risky behavior behind the wheel is up during the pandemic.One-third of all roadway deaths are speed-related. Impaired driving and accidents with ejection are also up — meaning drivers and passengers aren't wearing their seatbelts."That just defies logic to me," said Pam Fischer of the Governors Highway Safety Association. "You know, when you talk to people — 'Oh yeah. everybody wears seatbelts.' But when we look at the fatalities that are happening on our roadways, we know that half of the people who die in motor vehicle crashes are not properly restrained."The Governors Highway Safety Association (GHSA) met last week. They say they have to change how they get people to slow down while on the road."We can't put officers on every road, and we have to leverage technologies and resources that are going to help us to really get folks to change their behavior," Fischer said. "There's a very strong message being sent — you need to slow down. We're going to find you. We will stop you." Impaired driving is also up, according to the National Highway Traffic Safety Administration.The GHSA and Lyft just awarded five states — California, Illinois, Maine, Oregon and Washington — nearly 0,000 in grant funds to help prevent impaired driving over the holiday season. 1281

SACRAMENTO, Calif. (AP) — Insurance claims have topped billion for the November wildfires in California, making them the most expensive in state history.The figure released Wednesday by Insurance Commissioner Ricardo Lara covers the fire that destroyed the town of Paradise and two Southern California blazes.Most of the damages relate to the Paradise fire, which killed 85 people and destroyed nearly 19,000 buildings."While last year's tragic wildfires turned thousands of people's lives upside down, insurance is helping to rebuild and recover," Lara said in a news release during Wildfire Preparedness Week.California experienced some of its deadliest and most destructive wildfires in its history in 2017 and 2018. A series of sweeping fires in late 2017 had been the most expensive, with claims topping .8 billion.The increasing destruction is making it harder and more costly for people to obtain homeowners insurance.The insurance department has started collecting data on policy non-renewals to better assess patterns and locations where coverage is being dropped, Lara said earlier this year.When insurers decline to renew policies, state law requires them to notify customers about other options. The state has a pooled insurance plan of last result known as the "FAIR plan."California lawmakers are grappling this year with ways to address the cost and destruction of wildfires.Pacific Gas & Electric Corp., the state's largest utility, filed for bankruptcy in January, saying it could not afford potentially tens of billions of dollars in liability costs related to fires.State law makes utilities financially liable for damages from wildfires caused by their equipment, even if they aren't found to be negligent. 1745