Does Prop 64 Legalize Having Pot in Prison & Jail?

No is the answer to question posed in the title of this blog entry. While Proposition 64, also known as the Adult Use of Marijuana Act, did legalize possession of less than 28.5 grams of marijuana by most people, Penal Code § 4573.6 prohibits the possession of certain controlled substances within a correctional facility. Which controls? Does Prop 64 cause 4573.6 to be unenforceable as to marijuana? To read a summary of a case that raised this issue, click on the following link.


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