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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

RICHMOND, Va. — A Virginia judge has dissolved one injunction but imposed another preventing Virginia's governor from removing an enormous statue of Confederate Gen. Robert E. Lee. The new 90-day injunction bars the statue’s removal from Richmond's Monument Avenue while claims in a lawsuit filed by a group of property owners are litigated. Virginia Attorney General Mark Herring has moved to dismiss the case, but the judge says the property owners have standing and could succeed on at least one of their claims. Gov. Ralph Northam announced plans to remove the statue in early June, citing the pain felt across the country about the death of George Floyd. 667

SACRAMENTO, Calif. (AP) — The California Senate will investigate a California utility's process for cutting off power to more than 2 million people to prevent wildfires.In a memo to the Senate Democratic Caucus on Thursday, Senate President Pro Tempore Toni Atkins asked the Senate Energy, Utilities, and Communications Committee to "begin investigating and reviewing options to address the serious deficiencies" with PG&E's current process of shutting off power to prevent wildfires.Atkins said an oversight hearing will be scheduled in the next few weeks.Last week, dry conditions and dangerous winds prompted PG&E to cut power to more than 700,000 customers to prevent its equipment from sparking wildfires.Gov. Gavin Newsom and other leaders said the outage lasted too long. Newsom has urged the utility to give rebates to affected customers and businesses. 877

SACRAMENTO, Calif. (AP) — Lassen Volcanic National Park in northern California has temporarily banned overnight camping in some parts of its park after several interactions between campers and foraging bears. The decision was made to close down back-country camping in the Twin, Rainbow, Swan and Snag Lake areas after multiple visitors reported that bears had come to their campsites and searched their backpacks for food. The Sacramento Bee reported that the areas will remain open for hiking, but the park warns visitors to be careful. The National Park Service website said the policy will not only protect campers but “protect the bears by promoting the offending bear(s) to return to normal foraging behavior.” 724

SACRAMENTO, Calif. (AP) — California lawmakers are trying again to tamp down rising housing costs by expanding rent control and stopping rental price gouging, warning a failure to act this year could result in another costly ballot measure in 2020."Our Legislature has failed to act to address the plight of struggling tenants," Democratic Assemblyman David Chiu said. "That has to change in 2019."California lacks enough homes to shelter its nearly 40 million people, a situation that drives up the costs of homes and rental units. The federal government considers someone "rent burdened" if they spend more than a third of their income on rent. More than half of California renters meet that threshold.At the center of the debate is a 1995 law that bans rent control on apartments constructed after that year and on single-family homes and condominiums.RELATED: Making It in San Diego: Rent increases sharply in San Diego, new report showsDemocratic Assemblyman Richard Bloom wants to change the law to allow rent control on apartments built more than 10 years ago as well as single family homes, with an exception for small landlords. He said those ideas are a starting point.His proposal comes after he tried unsuccessfully to repeal the law last year, prompting tenants to take the question to the ballot. Advocates on both sides spent a combined 0 million, with the bulk coming from real estate agents in opposition.Opponents argued rent control would stifle the building of more homes. Voters ultimately rejected the ballot measure and upheld the law."It failed, but it did not end the crisis," Bloom said.RELATED: Making It in San Diego: Prevalence of fake home rental scamsAssembly Democrats argue that renters need protections now, because it will take years for the state's housing supply to increase significantly."We have got to build homes and protect tenants," Assemblywoman Buffy Wicks said.Bloom said he hopes to begin conversations with groups representing real estate agents and apartment owners to avoid another ballot fight.Sid Lakireddy, president of the California Rental Housing Association, said rent control policies do not create more affordable housing. He said his group, which represents rental housing owners, is open to discussing "real solutions.""The California Rental Housing Association supports smart and effective policies that will actually make a difference by rapidly increasing our affordable housing supply," he said in a statement.The California Apartment Association and California Realtors Association did not immediately respond to emails seeking comment.A Chiu bill would ban rent gouging, relying on consumer protection laws targeting price gouging following natural disasters or other emergencies.It would set a threshold, likely somewhere between 6 and 10 percent, above the consumer price index and say rent increases can't top that percentage. Chiu argued the cap would be high enough that landlords could still take in profits.Oregon recently passed a similar law.Two other bills would create a rental registry to help the state gather data on rent increases and prevent landlords from evicting people if they can't prove a cause.Several renters joined the lawmakers to talk about their own experiences with rent spikes.Stasha Powell of Redwood City brought a letter from her landlord saying her rent would be increased from ,040 a month to ,500 a month in several increments.Newsom said he wants lawmakers to bring him a package of bills to address skyrocketing rents."We need new rules to stabilize neighborhoods and prevent evictions, without putting small landlords out of business," he said during his February State of the State. "Get me a good package on rent stability this year and I will sign it." 3776