header image

[Sign Up Now] to Receive Our FREE Daily SCVTV-SCVNews Digest by E-Mail

Inside
Weather


 
Calendar
Today in
S.C.V. History
April 26
1906 - Bobby Batugo, World Champion Mixologist in the 1970s, born in The Philippines [story]
Bobby Batugo


A California appellate court on Tuesday overturned five men’s convictions for cannabis possession in prison.

In 2016, voters in the Golden State approved Proposition 64, which made possession of less than an ounce of cannabis legal – even in prison, according to the appeals court.

Smoking or ingesting cannabis in prison is still a felony, but the court found that possession is not under the plain language of the state’s law, although it is still prohibited by prison regulations.

The five plaintiff prison inmates were denied relief from their cannabis possession convictions by the Sacramento State Court and appealed to the California Court of Appeals for the Third Appellate District.

The California Attorney General’s Office tried to muddle the meaning of the statute by playing with syntax, Presiding Justice Vance W. Raye said in his 20-page ruling.

“In order to combat the plain meaning of Proposition 64, the Attorney General deploys a little-known canon of statutory construction in an effort to muddle the meaning of the statute,” Raye said.

The prosecution’s dissection of the penal code attempts to prove that if there is one type of prohibition on cannabis possession, there should be a complete ban on possession in the prison system.

“The argument flies in the face of the plain language of the statute and common sense,” Raye said, and he refuted the prosecution’s claims that a plain reading of the statute would lead to “absurd results,” which would allow the court to override the law.

cannabis possession in prison

“A result is not absurd because the outcome may be unwise,” Raye said.

The judge determined that none of the prosecution’s policy arguments could “undermine the will of the electorate.”

“We cannot ignore binding precedent and the plain language of a statute based on the intensity of the Attorney General’s passion to criminalize an act the electorate has decided no longer merits treatment as a felony,” Raye said.

Associate Justices Ronald B. Robie and M. Kathleen Butz concurred with the ruling.

The ruling remands the inmates’ cases for the trial court to grant their petitions for relief from their convictions. The five appellants are Goldy Raybon, Anthony Cooper, Dwain Davis, Scott Haynes and James.

— By Nathan Solis

Comment On This Story
COMMENT POLICY: We welcome comments from individuals and businesses. All comments are moderated. Comments are subject to rejection if they are vulgar, combative, or in poor taste.
REAL NAMES ONLY: All posters must use their real individual or business name. This applies equally to Twitter account holders who use a nickname.

2 Comments

  1. If your in prison, should not have access to marijuana, having it JUST MIGHT lead to using it!

  2. Clay Demmos says:

    How does this affect a prisoner who was given a 25to life sentence for possession 3grams of Marijuana back in 2004? This happened to my relative Bruce Engleton C#97419 and he currently in San Quentin state prison as his two Petitions for release under ab1793 and prop64 both were denied.

Leave a Comment


SCV NewsBreak
LOCAL NEWS HEADLINES
Friday, Apr 26, 2024
$4.1 Million Grant Program for Small, Micro Businesses in L.A. County
The Los Angeles County Department of Economic Opportunity and the County Film Office, in partnership with Los Angeles County Board of Supervisor Chair Lindsey P. Horvath and Fifth District Supervisor Kathryn Barger, unveiled a new $4.1 million grant program to provide relief to small and micro businesses affected by both COVID-19 and the 2023 Hollywood double strikes.
Friday, Apr 26, 2024
June 8: Saugus High Instrumental Music Program Rummage Sale
Join the Saugus Instrumental Music Program at Saugus High School for a fun community event. Get ready, Santa Clarita, for an unforgettable morning of shopping, entertainment and support. The Saugus Instrumental Music Program Rummage Sale, where treasures abound and bargains await will be held Saturday, June 8, 7 a.m. to 1 p.m.
Friday, Apr 26, 2024
May 11: Placerita Canyon Nature Center Open House
The Placerita Canyon Nature Center Associates invite residents of the Santa Clarita Valley to the annual Placerita Canyon Nature Center Open House event to be held Saturday, May 11, 10 a.m. to 2 p.m.
Keep Up With Our Facebook

Latest Additions to SCVNews.com
The Los Angeles County Department of Economic Opportunity and the County Film Office, in partnership with Los Angeles County Board of Supervisor Chair Lindsey P. Horvath and Fifth District Supervisor Kathryn Barger, unveiled a new $4.1 million grant program to provide relief to small and micro businesses affected by both COVID-19 and the 2023 Hollywood double strikes.
$4.1 Million Grant Program for Small, Micro Businesses in L.A. County
Join the Saugus Instrumental Music Program at Saugus High School for a fun community event. Get ready, Santa Clarita, for an unforgettable morning of shopping, entertainment and support. The Saugus Instrumental Music Program Rummage Sale, where treasures abound and bargains await will be held Saturday, June 8, 7 a.m. to 1 p.m.
June 8: Saugus High Instrumental Music Program Rummage Sale
The Placerita Canyon Nature Center Associates invite residents of the Santa Clarita Valley to the annual Placerita Canyon Nature Center Open House event to be held Saturday, May 11, 10 a.m. to 2 p.m.
May 11: Placerita Canyon Nature Center Open House
1906 - Bobby Batugo, World Champion Mixologist in the 1970s, born in The Philippines [story]
Bobby Batugo
Starting Monday, April 29, construction on the South Fork Trail will begin to replace a portion of the lodgepole fencing, the city of Santa Clarita announced.
South Fork Trail Construction to Begin April 29
College of the Canyons dual-sport athlete Sam Regez will continue his career at University of Portland with plans to run on both the cross country and track and field programs.
COC Standout Sam Regez Signs with University of Portland
An entertainment industry initiative to support the voices of California State University, Northridge film and TV students was celebrated with a recent screening of stories they created. 
‘Changing Lenses’ Initiative Lends Voice to CSUN Film, TV Students
How important is Film and Tourism to the Santa Clarita Valley Economy? 
SCVEDC Delves into Santa Clarita Film, Tourism Impact
Earlier this month, a team of biology students at The Master’s University won a distinguished award at one of the oldest intercollegiate research conferences in the country.
TMU Biology Students Earn Recognition at Annual Research Conference
Lisa Zamroz has announced her intent to step down as the head coach of The Master's University's women's basketball team effective July 1, 2024.
TMU Women’s Basketball Coach to Resign
Spring heralds a time of renewal and rejuvenation, not just in the natural world, but within our homes and lives as well.
Cameron Smyth | Spring Cleaning Your Neighborhood
College of the Canyons student-athletes Gigi Garcia (softball) and Hannes Yngve (men's golf) have been named the COC Athletic Department's Women's and Men's Student-Athletes of the Week for the period running April 15-20.
COC Names Gigi Garcia, Hannes Yngve Athletes of the Week
California Institute of the Arts' Community Weekend kicks off on Friday, April 26 and runs through Sunday, April 28.
April 26-28: Community Weekend Returns to CalArts
May is National Foster Parent Appreciation Month! Celebrate by applying to become a resource parent and fostering or foster-adopting siblings.
May 16: Children’s Bureau Foster Care Orientation
Santa Clarita resident Edina Lemus has been appointed Administrator of the Veterans Home of California in Lancaster by California Gov. Gavin Newsom.
Newsom Appoints SCV Resident Veterans Home Administrator
The California Department of Transportation has scheduled Lane Closures on the northbound and southbound State Route 14 between Technology Drive in Palmdale and Avenue A in Lancaster, closing up to three lanes.
Caltrans Announces SR-14 Lane Closures
1906 - Bercaw General Store opens in Surrey (Saugus) [story]
Bercaw Store
State Superintendent of Public Instruction Tony Thurmond testified today in the Senate Education Committee about the need for results-proven training for all teachers of reading and math.
State Superintendent Makes Historic Push for Results-Proven Training in Literacy, Math as Sponsor of SB 1115
The Los Angeles County Department of Public Health cautions residents who are planning to visit the below Los Angeles County beaches to avoid swimming, surfing, and playing in ocean waters:
Ocean Water Warning for April 24
Dust off the boots and get ready to holler, because Boots In The Park making its way to back to Santa Clarita, y’all. 
May 10: Boots In the Park Returns to Santa Clarita
State Senator Scott Wilk (R-Santa Clarita) and Supervisor Kathryn Barger honor the memory of those lost 109 years ago in Armenian Genocide. 
Barger, Wilk Recognize Armenian Genocide Remembrance Day
The Salvation Army Santa Clarita Valley Corps is excited to announce the inaugural Donut Day event.
June 7: Salvation Army SCV Announces Inaugural Donut Day Event
The Los Angeles County Animal Care Foundation has approved $370,000 in funding to support the Vet@ThePark program operated by the County of Los Angeles Department of Animal Care and Control.
LAC Animal Care Foundation Provides $370K Grant to Support Vet@ThePark
The California Department of Public Health is encouraging Californians to take part in National Prescription Drug Take Back Day on April 27.
CDPH Urges Californians to Support Prescription Drug Take Back Day
SCVNews.com