The Third District Court of Appeal held in People v. Raybon (June 11, 2019) __ Cal.App.5th __ [2019 Cal.App. LEXIS 532] (Sacramento County), that upon enactment of H&S § 11362.1, legalizing the possession of recreational marijuana by persons 21 years of age and older, those who get to enjoy such possession necessarily includes prison inmates. In enacting Proposition 64, passed in 2016, the voters amended Pen. Code, § 4573.6, eliminating criminal sanctions for possession of less than an ounce of marijuana by prison and jail inmates, while at the same time retaining criminal sanctions for possessing more than an ounce or for smoking or ingesting it. Per the Court, by expressly providing that laws pertaining to smoking and ingesting cannabis in prison and jail are not affected by the decriminalization of possession of less than an ounce of cannabis, the drafters and voters demonstrated they were aware of the prison population and chose to distinguish possession from consumption. This case also creates a split of opinion on this issue in that the First District Court of Appeal (div. 2) held on March 1st of this year to the contrary. In People 3 v. Perry (2019) 32 Cal.App.5th 885 (Solano County), it was specifically held that “Proposition 64 did not remove possession of marijuana in prison from the reach of P.C. § 4573.6 (Possession of a Controlled Substance in Prison), the statute under which [defendant] was convicted.” (Italics added) Sounds like an issue that needs to be resolved by the California Supreme Court