P. v. Alexander CA2/3
After defendant Averial Alexander pled no contest to possessing marijuana in prison in violation of Penal Code section 4573.6, California voters passed Proposition 64, which makes it legal, in most contexts, for adults 21 years of age or older to possess small amounts of marijuana. The trial court denied Alexander’s petition to dismiss his conviction under Health and Safety Code section 11361.8, finding Proposition 64 did not repeal or otherwise change the laws prohibiting the possession of marijuana in correctional facilities. In our original opinion, we reversed the court’s order denying Alexander’s petition, concluding Proposition 64 decriminalized possessing less than an ounce of marijuana in a correctional facility. (People v. Alexander (May 25, 2021, B305299) [nonpub. opn.].)
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