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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) — California Gov. Gavin Newsom heaped praise on legislators as he revealed his updated 3 billion budget last week.The Democrat who is five months into the job applauded Assembly Speaker Anthony Rendon's focus on universal preschool. He called Senate Budget Committee Chairwoman Holly Mitchell the champion of increasing grants for low-income families.He even thanked several Republicans, including Assemblyman James Gallagher, who has sought assistance for the city of Paradise that he represents and mostly was destroyed by a wildfire last year.All that goodwill is about to be tested as Newsom and the Legislature enter the final weeks of budget negotiations. Lawmakers must pass a spending plan by June 15 or lose pay, then Newsom has until June 30 to sign it.His proposal released Thursday carries many of the Democrat-dominated Legislature's priorities: more spending aimed at children and the poor, a health care expansion for young people living in the country illegally and the elimination of sales tax on diapers and tampons."It's clear that he has heard from Californians quite frankly, not just us as policy makers, who need their state government to step up and invest in them," Mitchell said.But he also gave the same warnings as his predecessor, Jerry Brown, that the state's strong economy — and the huge budget surpluses it's creating — won't last forever.Newsom has allocated billion to pad state reserves and pay down debt and put cutoff dates on key proposals that Democratic legislators want to make permanent. He also wants lawmakers to take politically painful votes such as putting a tax on water."It's a great starting point," Democratic Assemblywoman Lorena Gonzalez of San Diego said of Newsom's plan.Her comment neatly encapsulates the situation for many progressive Democrats; they like much of what Newsom is saying but don't necessarily see his plans as an end point.Gonzalez, for example, has pushed for eliminating sales tax on diapers for at least five years. Newsom's proposal ends the cut in 2022.Newsom said he imposed a cut-off in case revenue isn't as robust in future budget years. A so-called sunset provision can make it easier to win support from lawmakers, Gonzalez noted, because the tax break can go away in future years without lawmakers having to take a painful vote to cut it.During budget talks she said she will up the ante and push for permanent revocation of the sales tax on diapers.Newsom isn't giving many clues to lawmakers about which items on his wish-list are the top priorities saying he's done enough negotiations to be cautious about showing his hand."Everything I said matters to me, or I wouldn't have said it," he said. "I'm using the budget in ways to advance things I care deeply about."Assembly Budget Chairman Phil Ting said he hasn't had a conversation with Newsom about priorities. Ting, who worked as San Francisco's assessor when Newsom was mayor, said he wasn't surprised Newsom isn't showing his hand."That sounds exactly like him," Ting said.Ting said overall he was pleased with Newsom's budget proposal, but highlighted some concerns, notably that many of Newsom's biggest spending increases are also slated to expire in two years.Beyond the diaper tax, that includes big commitments to increase rates for providers of Medi-Cal, the state's health program for poor children and adults, along with expanded preschool slots and more services for people with development disabilities.Newsom has proposed several new taxes and fees that would pay for things such as bolstering the state's 911 emergency services and clean up contaminated drinking water in the Central Valley. Those ideas require a two-thirds vote of the legislature, which Ting said will be hard even though Democrats have super-majorities in both chambers."It's not clear where the votes are for all of that," Ting said.Newsom's budget also relies on conforming California's tax law with federal changes pushed by Republican President Donald Trump. Additional revenue it generates will go toward a major expansion of a tax credit for working families. The tax change similarly requires a two-thirds vote.Asked how he'd convince lawmakers to take those votes, Newsom said: "Vote your conscience, do the right thing." Then he turned flippant, noting the tax law changes would decrease what types of expenses people can deduct."I'll remind folks it's about no longer writing off courtside seats at the Kings' game," he said, referring to Sacramento's NBA team.On the water issue, meanwhile, Newsom declared confidently that a deal would be struck. While he's proposed a tax, some lawmakers would rather the state use surplus or other general fund dollars. It likely won't be dealt with as part of the budget package due June 15."I don't want to say 'read my lips' because I don't want to see that clip," he joked. "But we're going to get a water deal." 4930

SACRAMENTO, Calif. (AP) — California's governor on Friday threatened a possible takeover of the troubled utility blamed for sparking deadly wildfires across the state with its outdated equipment unless it can emerge from bankruptcy ahead of next year's wildfire season with a plan focused on safety.Gov. Gavin Newsom called all sides to a meeting early next week, saying he would personally try to mediate a solution involving Pacific Gas & Electric.But if an agreement can't be reached, Newsom said, "then the state will prepare itself as backup for a scenario where we do that job for them."PG&E has come under more scrutiny in recent weeks as it cut off power to millions of people to avoid a repeat of last year's deadly fire season.The shutoffs have angered residents, businesses and local governments, who say the company has done a poor job of communicating."This is not the new normal," Newsom said. "There are things that can be done immediately and will be done immediately."It's unclear how the state could take over PG&E in the event it does not meet the June 30th deadline. But the governor's office pointed to General Motors as an example. The automaker filed for bankruptcy in 2009, and the federal government purchased a controlling stake in the company. The government later sold its shares once the company was on solid footing."That kind of a move would give the state a lot of control over the strategic direction that PG&E takes without getting it into the nitty gritty of running the day to day," said Michael Wara, director of the Climate and Energy Policy Program at the Woods Institute for the Environment at Stanford University.Local governments, including San Francisco, have offered to purchase portions of PG&E's equipment for .5 billion so it could operate parts of the power system on its own. Asked if taxpayers would buy the company, Newsom said: "We're scoping all of that.""It's not writing a check," Newsom said. "This is not plan 'A,' but it is a plan. We would be irresponsible not to scope that plan. So we're not going to sit back and hope and hope an expectation that everything else works out."Pacific Gas & Electric filed for bankruptcy earlier this year after a 2018 wildfire mostly destroyed the town of Paradise and killed 85 people. An investigation revealed the fire was started by one of the company's powerlines that was knocked down during a windstorm.The utility is facing up to billion in damages from that fire and others.Shareholders and creditors have been battling for control of the utility in bankruptcy court, offering two competing plans for the company's future.A federal judge has expressed concern the two sides are not making progress, and last week appointed a mediator to try and resolve the case.In June, Newsom signed a law setting up a billion fund that could help utility companies pay out claims for future wildfires as climate change makes them more frequent and destructive.Utility companies would have to spend at least billion on safety improvements and meet new safety standards to participate. PG&E would have to be out of bankruptcy by June 30th to use the fund.Friday, Newsom called on PG&E executives, shareholders and creditors along with wildfire victims to meet with him. Newsom said he is confident the meeting will occur.However, representatives for the largest groups of bondholders and shareholders did not respond to a request for comment.PG&E spokesman James Noonan indicated the company would participate."We welcome the governor's and the state's engagement on these vital matters and share the same goal of fairly resolving the wildfire claims and exiting the Chapter 11 process as quickly as possible," he said. 3762

Riding in vehicles after the pandemic could look different for a while. Ridesharing company Lyft will be distributing partitions to drivers as they make changes to address the COVID-19 pandemic and CDC guidelines.In a blog post Friday, Lyft said they are establishing new health and safety standards, including riders and drivers certifying they are symptom-free, wearing masks throughout the ride, and vehicle partitions.Partitions have been available to identified frequent Lyft drivers and those in the company’s Express Drive rental program in Atlanta, Denver and Baltimore. They will be coming to other large cities next before being rolled out to 60,000 drivers in the coming months. Some drivers will receive partitions for free, others will be able to purchase one from Lyft. The blog post did not make it clear how it was deciding who got a free partition. “By prioritizing the wellbeing of our drivers, our entire community gains extra peace of mind,” Angie Westbrock, VP of Global Operations, said in the company’s blog post.Lyft’s competitor, Uber, has rolled out safety measures including providing cleaning supplies to drivers, providing a curbside/doorstep drop-off option in their Uber Eats product and recommending riders sit in the back of the vehicle and drivers keep windows open when possible. 1322

SACRAMENTO, Calif. (AP) — California Gov. Gavin Newsom nominated the first openly gay Black man to the state Supreme Court.Newsom nominated Martin Jenkins to the court on Monday. The 66-year-old would be the third Black person to serve on the court if he is confirmed by the Commission on Judicial Appointments.Jenkins would replace Justice Ming W. Chin, who retired at the end of August.Jenkins is a former federal civil rights attorney who prosecuted cross burnings and police misconduct cases under President Ronald Reagan.He was appointed by Republicans and Democrats to four different judgeships. 609