Harris

Defendant James Lavell Harris seeks reversal of his conviction after court trial for commission of a felony in violation of Penal Code section 4573.5, based on his bringing “medical marijuana” without authorization into a county correctional facility, where he was to begin serving a sentence in an unrelated matter. We reverse his conviction because section 4573.5, by its plain language, does not apply to controlled substances.

BACKGROUND

The relevant facts in this case are simple and undisputed. In an unrelated case, defendant was required to surrender himself to authorities at Lake County Jail, Hill Road Detention Facility (the facility) in April 2005 after being sentenced to a term in county jail. Before doing so, defendant sent a letter to various Lake County officials, including the sheriff, advising them that he was a “qualified patient” pursuant to Health and Safety Code section 11362.7, subdivisions (f) and (h), and a lifetime user of marijuana for chronic pain pursuant to Health and Safety Code section 11362.7, subdivision (f), among other things. He requested that facility officials make an accommodation to him for his use of marijuana for medical purposes,…