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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

Right now there is a mystery taking place over the Southwest United States.Hundreds of thousands of birds have been found dead since the beginning of September, according to wildlife experts in New Mexico and Colorado, where some of the most have been reported.“[It’s] really strange. Literally, birds dropping out of the sky type of thing,” said Alison Holloran, the executive director Audubon Rockies. “I actually got emails from Texas and New Mexico as well, where they’re also seeing larger numbers of die-offs.”The crowdsourcing website inaturalist.org has become a spot for people to post pictures of birds they have found as a way to provide more information to biologists and wildlife experts working to figure out why this is happening.The site reports more than 1,000 incidents have been reported involving 191 different bird species.“This is a very strange event,” said Travis Duncan, a spokesman with Colorado Parks and Wildlife. “Heavy smoke from the wildfires may have played a part in creating navigation challenges for the birds.”Duncan says biologists are still performing necropsies to determine a cause, but he says all signs point to a combination of the wildfires raging across the western United States and an early-season cold front at the beginning of September that brought snow and freezing temperatures to parts of the Midwest and Southwest.Duncan says it may have caused the birds’ main food source, which is insects, to die off, forcing these birds to migrate without enough fat and weight to keep them safe once the cold front hit.“This is a web of life. You pull one little string and the whole rope is going to move,” said Holloran. 1672

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's attorney general is demanding that a university journalism program return a state list that includes law enforcement officers convicted of crimes in the past decade, saying the information wasn't meant to be public and shouldn't have been given out by another agency.Attorney General Xavier Becerra's office sent reporters from the Investigative Reporting Program at the University of California, Berkeley a notice that confidential information had been inadvertently released from a confidential database, the program reported Tuesday.The attorney general's office said possessing the list was a misdemeanor and asked the reporters to destroy it. They received it last month from California's police training agency through a public records request.The reporters refused, but so far have released only limited details about the list. They say the list of nearly 12,000 names includes current and former officers and those who applied to be officers. It's not clear how many are active officers and how many had never been officers.The list outlines crimes including shoplifting, child molestation, embezzlement and murder. It's not clear how many of the convicted officers remain on the job.In a statement to The Associated Press late Tuesday, Becerra's office reiterated its position that the information came from a confidential database to which the reporters should not have had access."State law protects the records of all Californians in this database by prohibiting the possession and use of this information by anyone not identified by statute," his office said.The report comes as he is also refusing to release old records of serious misconduct by his own justice department agents under a new law that requires the release. Becerra is citing conflicting court decisions on whether records should be made public for incidents that happened before the disclosure law took effect Jan. 1.In a letter to reporter Robert Lewis with the reporting program's production arm, Investigative Studios, Deputy Attorney General Michelle Mitchell said the criminal history information was taken from a confidential law enforcement database where "access to information is restricted by law.""You are hereby on notice that the unauthorized receipt or possession...is a misdemeanor," she wrote, threatening unspecified legal action.First Amendment Coalition executive director David Snyder told the reporting program that, "It's disheartening and ominous that the highest law enforcement officer in the state is threatening legal action over something the First Amendment makes clear can't give rise to criminal action against a reporter."Without providing many details, the reporting program said the list includes current, former or prospective officers who dealt drugs, stole from their departments, sexually assaulted suspects, took bribes, filed false reports and committed perjury. A large number drove drunk, and sometimes killed people while doing so.The reporting program said the list came after a law last year allowed the Commission on Peace Officer Standards and Training to keep records of when current or former officers are convicted of felonies or other crimes that would disqualify them from law enforcement. Previously, the commission would have to wait until the officer had exhausted all appeals before deeming them unqualified, but now the initial conviction is enough.That led the attorney general's office to provide the commission with the list of current and former officers with convictions. The commission provided the reporting program with 10 years' worth of convictions.Nic Marais, an attorney representing Investigative Studios, said in a letter to Becerra's office that the records are publicly releasable because they are summaries. He added that state law exempts reporters from prosecution for receiving records.Attorney Michael Rains, who represents police officers, told the reporting program that he understands there is public interest in police officers convicted of crimes, but said the same disclosure should apply to everyone. He noted there is no broad public disclosure of crimes committed by lawyers, doctors or teachers. 4210

SACRAMENTO, Calif. (AP/KGTV) — California Gov. Gavin Newsom on Friday signed a law that will make the state the first to allow employers, co-workers and teachers to seek gun violence restraining orders against other people.The bill was vetoed twice by former governor Jerry Brown, a Democrat, and goes beyond a measure that he signed allowing only law enforcement officers and immediate family members to ask judges to temporarily take away peoples' guns when they are deemed a danger to themselves or others.They were among 15 gun-related laws Newsom approved as the state strengthens what the Brady Campaign to Prevent Gun Violence calls the nation's toughest restrictions."California has outperformed the rest of the nation, because of our gun safety laws, in reducing the gun murder rate substantially compared to the national reduction," Newsom said as he signed the measures surrounded by state lawmakers. "No state does it as well or comprehensively as the state of California, and we still have a long way to go."Newsom also signed into law AB 893, which prohibits gun and ammunition sales at the Del Mar Fairgrounds. The bill was introduced by Assemblyman Todd Gloria in February. The ban is set to go into effect in 2021.Anyone who violates the law could face a misdemeanor charge, according to the bill. Before the law was signed, Gloria called the bill a "victory for gun sense and making our communities safer in San Diego."State Senate President pro Tempore Toni Atkins (D-San Diego) said the bill "offers tangible, real steps to keep all California residents safe."“I congratulate Assemblymember Todd Gloria for getting AB 893 signed into law by Governor Newsom today. AB 893 responds to our community’s desire to stop selling guns and ammunition on state property, specifically at the Del Mar Fairgrounds," Atkins said in a release. "This bill offers tangible, real steps to keep all California residents safe by closing off another pathway for criminals to move guns from the legal market to the unregulated one.”Gun shows have been hotly debated at the Del Mar Fairgrounds over the last year. In September 2018, the 22nd DAA's Board of Directors temporarily suspended the shows until safety policies were developed. The decision ended the Crossroads of the West gun show after nearly three decades.Friday, Michael Schwartz, executive director of the San Diego County Gun Owners political action committee, said the bill was discriminatory.“Banning a gun show on just one state owned property, but not on all is proof positive that this is discrimination based on political bias and has nothing to do with safety. We are opposed to discrimination against a group of law-abiding citizens who are simply practicing their civil rights," Schwartz wrote. 2774