People v. Wiggins CA5

DISCUSSION

Defendant contends the trial court erred when it sentenced defendant for possession of less than 28.5 grams of cannabis in prison because he contends that it is no longer a crime under the plain language of Health and Safety Code sections 11362.1 and 11362.45 pursuant to Proposition 64. The People argue California law continues to prohibit the possession of cannabis in prisons, jails, and other custodial institutions. We agree with the People. Section 4573.6 states in pertinent part, “(a) Any person who knowingly has in his or her possession in any state prison … any controlled substances, the possession of which is prohibited by Division 10 (commencing with Section 11000) of the Health and Safety Code, … without being authorized to so possess the same by the rules of the Department of Corrections, rules of the prison … or by the specific authorization of the warden, … is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.” (§ 4573.6, subd. (a).) Cannabis is a controlled substance (Health & Saf. Code, §§ 11007, 11054, subd. (d)(13)) and the possession of more than 28.5 grams of cannabis or 8 grams of…