In California prison inmates legally are allowed to hold small amounts of marijuana, they just can't light up behind bars.
That decision coming from the 3rd District Court of Appeal this week. The judges said when California voters in 2016 legalized recreational possession of less than an ounce of pot there were no exceptions. The law, they said, applies even to those serving time in prison.
The three-judge panel also overturned marijuana convictions for five inmates who were busted for having the weed in their prison cells.
There is one catch to the ruling, since the judge reminded that state law does allow smoking or ingesting pot in prison. Also, officials can still punish inmates with pot for violating prison rules, and it is still against department of corrections rules. That punishment would not mean additional prison unlike a felony conviction.
The California Department of Justice is reviewing the ruling, but there is no word on any legal challenge to the ruling.