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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

RIVERSIDE, Calif. (AP) — A Southern California man has been arrested on suspicion of making more than 10,000 harassing phone calls to government offices, including some that included death threats against those answering the phone, federal prosecutors said.Robert Stahlnecker, 48, was arrested at his home in the Mojave Desert town of Twentynine Palms on Friday and held in federal custody after making an initial court appearance, the U.S. Attorney’s Office said.He was charged with threatening federal officers and employees, making interstate communications with the threat to injure a person and anonymous telecommunications harassment.There his no listing for his home phone number and it couldn’t immediately be determined if he has an attorney. His arraignment was scheduled for Dec. 26.According to a 20-page complaint filed in federal court, the calls included three he made within five minutes on Aug. 28 to a congresswoman’s office in San Mateo. Prosecutors said he threatened to come to the office and kill the staffer who answered the phone.On Sept. 28, he allegedly made eight calls in seven minutes to the Washington office of a U.S. senator from Ohio. During the calls prosecutors said he used vulgar language in berating and threatening to kill an intern who answered the phone.Neither member of Congress was identified.In all, prosecutors said, Stahlnecker has made more than 10,000 calls to government agencies and elected officials since January.Prosecutors say U.S. Capitol Police have been investigating harassing and threatening calls allegedly made by Stahlnecker for at least 10 years. According to the affidavit, he has been convicted of harassment in New Jersey and making terrorist threats in Pennsylvania. 1742

ROCKFORD, Ill. (AP) — Authorities say a U.S. Army special forces sergeant based in Florida has been charged in the deaths of three people and the wounding of three more in an apparently random shooting at an Illinois bowling alley. Winnebago County State's Attorney J. Hanley said Sunday that 37-year-old Duke Webb has been charged with three counts of murder and three counts of first-degree attempted murder in the shooting at Don Carter Lanes, in Rockford, Saturday evening. Police Chief Dan O'Shea said Sunday that the men who died were aged 73, 65, and 69. He didn't provide names. He says two teenagers were wounded and that a 62-year-old man who was shot several times is in critical condition.According to The Associated Press, the 14-year-old boy was shot in the face and airlifted to a hospital in Madison in stable condition. A 16-year-old girl was shot in the shoulder and was treated at a hospital and released. The AP reported that the 62-year-old man underwent surgery overnight after suffering multiple gunshot wounds. 1042

REXBURG, Idaho — Judge Faren Eddins says there is probable or sufficient cause that Chad Daybell committed the crimes he is accused of. Daybell is currently charged with two felony counts of Destruction, Alteration or Concealment of Evidence, and two felony counts of Conspiracy Destruction, Alteration, or Concealment of Evidence.The decision was made after a 10-minute recess. Daybell was emotionless as Judge Eddins announced his decision.Prosecutors played a recording of a jailhouse phone call between Lori Vallow and Daybell. The recording was made on the day authorities were searching for the bodies of Tylee Ryan and Joshua "JJ" Vallow. Soon after, the FBI and other law enforcement testified they found the bodies of the children in shallow graves on Daybell's property.There was no indication that either Lori or Chad was aware of the discovery, and they said nothing on the phone call about what they knew.Daybell's case now heads to District Court, where he will go before Judge Steven Boyce on August 21 for an arraignment. The defense has 60 days to file for a change of venue. No one has been charged in the deaths of the children.Lori is scheduled for a preliminary hearing with Judge Eddins next week on August 10 and 11. The hearing will start at 9 a.m.This article was written by Katie Kloppenburg for KIVI. 1335

SACRAMENTO, Calif. (AP) -- California's earthquake early warnings will be a standard feature on all Android phones, bypassing the need for users to download the state's MyShake app in order to receive alerts.The Governor's Office of Emergency Services worked with Google, the maker of Android, to build the quake alerts into all phones that run the operating system.The technology does not predict earthquakes. It is designed to take data from seismic sensors and send warnings to potentially affected areas if projected shaking is at a certain level of intensity.The MyShake technology was developed by the University of California, Berkeley, and released in 2019. 673

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