People v. Taylor
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Proposition 64, “the Control, Regulate and Tax Adult Use of Marijuana Act" (2016), added Health and Safety Code section 11362.1. With specified exceptions, section 11362.1(a) declares it “lawful under state and local law" .for persons 21 years of age to possess, process, transport, purchase, obtain, or give away to persons 21 years of age, without compensation, not more than 28.5 grams of cannabis. Section 11361.8 establishes a post-judgment procedure to recall or dismiss a sentence when “[a] person currently serving a sentence for a conviction . . . would not have been guilty of an offense, or . . . would have been guilty of a lesser offense under" the Act.
Taylor moved to dismiss a 1999 felony conviction for possession of a controlled substance in prison, Penal Code 4573.6, and a 2000 felony conviction of conspiracy to commit a crime. The court of appeal affirmed the denial of the motions. Penal Code 4573.6 makes exceptions to the prohibited possession in prison and other custodial settings only where possession is authorized by the rules of the Department of Corrections, rules of the institution, or by specific authorization. Proposition 64 does not address that prohibition. The most logical inference is that the Legislature sought to keep unauthorized substances out of custodial settings to maintain institutional supervision, discipline, and safety.
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