Marijuana in Prisons and Jails:  In November, 2016—perhaps in an attempt to numb themselves to the reality of what is happening to the once “Golden State”—California’s voters approved via Proposition 64 the so-called “Control, Regulate and Tax Adult Use of Marijuana Act,” adding Section 11362.1 to the Health and Safety Code.  This new section makes lawful the possession of up to 25.8 grams (an ounce) of marijuana (or, more correctly, “cannabis”) by adults 21 years of age and older.  Some hoped this also meant that those incarcerated in California’s prisons and jails could similarly enjoy the pleasures of toking up on a doobie now and again, despite Pen. Code § 4573.6 saying that to do so is a no-no.  At least one California District Court of Appeal agreed with this conclusion.  (See People v. Raybon (Third Dist. 2019) 36 Cal.App.5th 111; review granted.)  Several other district courts ruled to the contrary.  (People v. Perry (First Dist. 2019) 32 Cal.App.5th 885, and People v. Herrera (Sixth Dist. 2020) 52 Cal.App.5th 982; review granted.)  Finally, the California Supreme Court resolved this issue by reversing the Raybon decision, ruling that Prop. 64 does not legalize smoking and doping (or even the simple possession of an ounce or less of marijuana) in correctional facilities.  (People v. Raybon (Aug. 12, 2021) __ Cal.5th __ [2021 Cal. LEXIS 5596].)  Specifically, the Court ruled that Subd. (d) of H&S Code § 11362.45 provides an exception to the legalization provisions of H&S Code § 11362.1.  Thus, possession of marijuana in prisons and jails remains a violation of Pen. Code, § 4573.6, and defendants were properly convicted under this provision.  Two justices (Kruger & Cuéllar) concurred in the judgment, but dissented in one respect; i.e., that although Prop. 64 did not legalize cannabis possession in prisons and jails, the offense should be punished pursuant to Penal Code § 4573.8 with its lesser punishment of 16 months, 2 or 3 years in the county jail (see P.C. §§ 18 and 1170(h)(1)), versus 2, 3, or 4 years in prison for a violation of Pen. Code § 4573.6. As it stands, however, prosecutors have a choice of which section to use, although, as emphasized by the Court, they are “encourage(d)” to “make their choices wisely.”