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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) — Gov. Gavin Newsom has approved legislation prompted by the helicopter crash that killed Kobe Bryant and eight others.The bill signed Monday makes it a crime for first responders to take unauthorized photos of deceased people at the scene of an accident or crime.Reports surfaced after the January 26 crash that graphic photos of the victims were being shared. Eight deputies were accused of taking or sharing graphic photos of the scene, Los Angeles County Sheriff Alex Villanueva said then, adding that he had ordered the images deleted.Sheriff Villanueva said the department has a policy against taking and sharing crime scene photos, but it does not apply to accident scenes.The measure that will take effect Jan. 1 makes it a misdemeanor with fines up to ,000 per offense to take such photos for anything other than an official law enforcement purpose.Bryant’s widow, Vanessa Bryant, has sued the department over the photos. In her lawsuit, Bryant alleges that eight deputies took "gratuitous images" with their cell phones after responding to the scene.Bryant's suit also alleges that one of those deputies showed images from the scene to someone outside the department. According to Yahoo, that deputy showed photos from the scene to a person at a bar and bragged "about how he had been at the crash site." A bartender who overheard the conversation later notified the Los Angeles County Sheriff's Department about the conversation. 1474
SACRAMENTO, Calif. (KGTV) -- As of Monday afternoon, the state of California has an official sport, surfing.Governor Jerry Brown Monday signed the legislation, known assembly bill 1782, making surfing California’s officials sport.The news was tweeted out by Assemblymember Al Muratsuchi , who is one of the sponsors of the bill.RELATED: Top surfing spots?in San Diego CountyAccording to Muratsuchi, surfing generated more than billion in annual retail and sales for the state. 492
SACRAMENTO, Calif. (AP) — California lawmakers want the state Attorney General to investigate all police shootings that kill an unarmed civilian. The bill is one of the highest-profile reforms filed this year in response to the killing of George Floyd while in police custody. The Senate OK'd the bill Sunday despite opposition from Attorney General Xavier Becerra, who has called it “untenable and unreasonable.” He says it would cost his office up to million a year. But the bill easily passed the Senate with bipartisan support and is now headed toward a final vote in the state Assembly. 603
SACRAMENTO, Calif. (AP) — California's effort to write the nation's first ethnic studies curriculum for public schools has united liberals and conservatives: They think it's terrible.Jewish lawmakers complained that the proposed lessons are anti-Semitic, while a conservative critic says capitalism is presented as a "form of power and oppression." The clash comes as a law requires the state to adopt ethnic studies, which view history through the lens of diverse cultures.State Superintendent Tony Thurmond said Wednesday that he will recommend changes to better reflect the contributions of Jewish Americans and remove sections that the California Legislative Jewish Caucus finds objectionable."We really need some significant changes, if not to go back to square one," said Democratic state Sen. Ben Allen of Santa Monica, the caucus chairman. "Our concern is that the draft curriculum, as currently written, would literally institutionalize the teaching of anti-Semitic stereotypes in our public schools."For instance, the proposed curriculum has lessons on identifying Islamophobia and other forms of discrimination but does not include ways to identify anti-Semitism. Song lyrics included in the draft also seem to support the stereotype that Jews control the news media, the caucus said."It would be a cruel irony if a curriculum meant to help alleviate prejudice and bigotry were to instead marginalize Jewish students and fuel hatred and discrimination against the Jewish community," the 14 caucus members said in a recent letter.Jewish lawmakers said that's a particular danger following a rise in hate crimes against California Jews last year and recent attacks on synagogues, including one in April. A 19-year-old gunman told investigators he was motivated by Jewish hatred when he killed a woman and wounded two other people, including a rabbi, at the Chabad of Poway synagogue near San Diego."Children are not born as bigots, and so it's critically important that we get this curriculum right," said Democratic Sen. Hannah-Beth Jackson of Santa Barbara.State Superintendent Tony Thurmond said the omission of Jewish contributions was not intentional but that ethnic studies traditionally have focused on African Americans, Latinos, Asian and Pacific Islanders and indigenous people.He and Jewish lawmakers said there have been other requests to include Hindus and a section on the Armenian genocide. Allen suggested that white Europeans might learn empathy for immigrants today if there were a section on the discrimination that Italian and Irish nationals once faced in the U.S."There's no limit on groups who have experienced oppression," Thurmond said.In 2016, then-Gov. Jerry Brown, a Democrat, signed a law requiring the state to adopt an ethnic studies curriculum by March 31, 2020. Thurmond said he is likely to ask lawmakers to extend the deadline.Earlier this year, state officials completed a draft of the curriculum written by a panel of mostly classroom teachers.The proposed curriculum went to a Board of Education advisory commission in May, and it's seeking public comments through Thursday. Commission members will consider the comments and changes at public hearings in Sacramento next month.Board leaders said in statement that the curriculum "should be accurate (and) free of bias," acknowledging that "the current draft model curriculum falls short and needs to be substantially redesigned."The law doesn't require schools to adopt the final version, but legislation approved by the state Assembly and awaiting a vote in the Senate would make the course a requirement to graduate from high school.Aside from the Jewish lawmakers' concerns, conservative researcher Williamson Evers said California wants to teach kids that capitalism is racist.Evers, a research fellow at Stanford University's Hoover Institution and a former assistant education secretary under former President George W. Bush, said in a Wall Street Journal opinion column that the draft includes capitalism as a "form of power and oppression" in an apparently "left wing" approach to the classroom.Thurmond said he wasn't offering changes to address that criticism. Democratic Assemblyman Jesse Gabriel of Encino, vice chairman of the Jewish caucus, said that too needs to be fixed because it reflects a "fundamentally flawed curriculum" that "feels a lot more like indoctrination.""We know that it's very personal. History is very personal, ethnic studies is very personal, so we know and understand that this is difficult," said Stephanie Gregson, director of the curriculum division at the state education department.Gregson called Evers' criticisms a mischaracterization that's taken "out of context."But she said the department is planning changes after recognizing that the draft curriculum does not meet state guidelines of inclusivity and "creating space for all students, regardless of race, ethnicity, class or gender." 4939