People v. Raybon

248 Cal. Rptr. 3d 611, 36 Cal. App. 5th 111
CourtCalifornia Court of Appeal, 5th District
DecidedJune 11, 2019
DocketC084853
StatusPublished
Cited by50 cases

This text of 248 Cal. Rptr. 3d 611 (People v. Raybon) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Raybon, 248 Cal. Rptr. 3d 611, 36 Cal. App. 5th 111 (Cal. Ct. App. 2019).

Opinion

RAYE, P. J.

*113According to the plain language of Health and Safety Code section 11362.1, enacted as part of Proposition 64, possession of less than an ounce of cannabis in prison is no longer a felony. Smoking or ingesting cannabis in prison remains a felony and prison regulations forbid possession. The Attorney General uses arcane rules of statutory construction, twists the meaning of the words of the statute, urges us to disapprove of cases directly on point, and makes a host of policy arguments why we should not apply the plain language of the statute. The question of law we review de novo is whether the plain language of the statute leads to an absurd result. We conclude it does not. A result is not absurd because the outcome may be unwise. Cognizant of the humble role of the courts in construing statutes, not rewriting them to subscribe to our version of sound public policy, we reverse the trial court's denial of defendants' petitions for relief under Health and Safety Code section 11361.8.1

PROCEDURAL HISTORY

Five defendants, all of whom are currently serving a sentence for a conviction of Penal Code section 4573.6, an offense that is no longer a crime pursuant to the Control, Regulate and Tax Adult Use of Marijuana Act ( Health & Saf. Code, § 11361.8 ; Prop. 64, as approved by the voters, Gen. Elec. (Nov. 8, 2016)), filed a petition requesting relief under Proposition 64 and an accompanying motion to dismiss.2 The superior court denied each of the petitions. The defendants appeal.

THE DISPOSITIVE STATUTES

In 1949 the Legislature enacted several statutes " 'to deter the presence of illicit *613drugs in custodial institutions' " and thereby " 'ensure the orderly administration and security within such institutions.' " ( People v. Lee (2006) 136 Cal.App.4th 522, 536, 38 Cal.Rptr.3d 927 ; Pen. Code, §§ 4573, 4573.5, 4573.6, 4573.8, & 4573.9 ; see also People v. Gutierrez (1997) 52 Cal.App.4th 380, 386, 60 Cal.Rptr.2d 561 ( Gutierrez ).) Although the statutes must be construed together, each targets different substances or different people using, *114selling, possessing, or smuggling the substances. ( Gutierrez , at p. 385, 60 Cal.Rptr.2d 561.) At the center of this appeal is Penal Code section 4573.6 because each of the defendants was convicted of possession of cannabis in violation of this section. Section 4573.6 provides in relevant part: "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." ( Pen. Code, § 4573.6, subd. (a).)

The pivotal language, from defendants' perspective, is "the possession of which is prohibited by Division 10 (commencing with Section 11000) of the Health and Safety Code." The electorate's attitude toward cannabis has evolved in the approximately 70 years since the Legislature enacted Penal Code section 4573.6. Indeed, by 2016 California voters decided that the possession of less than one ounce of cannabis should no longer be criminalized. (Proposition 64.) Health and Safety Code section 11362.1 states: "(a) Subject to Sections 11362.2, 11362.3, 11362.4, and 11362.45, but notwithstanding any other provision of law, it shall be lawful under state and local law, and shall not be a violation of state or local law, for persons 21 years of age or older to:

"(1) Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than 28.5 grams of cannabis not in the form of concentrated cannabis;
"(2) Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than eight grams of cannabis in the form of concentrated cannabis, including as contained in cannabis products;
"(3) Possess, plant, cultivate, harvest, dry, or process not more than six living cannabis plants and possess the cannabis produced by the plants;
"(4) Smoke or ingest cannabis or cannabis products; and
"(5) Possess, transport, purchase, obtain, use, manufacture, or give away cannabis accessories to persons 21 years of age or older without any compensation whatsoever.
"(b) Paragraph (5) of subdivision (a) is intended to meet the requirements of subsection (f) of Section 863 of Title 21 of the United States Code *115( 21 U.S.C. Sec. 863(f) ) by authorizing, under state law, any person in compliance with this section to manufacture, possess, or distribute cannabis accessories.
"(c) Cannabis and cannabis products involved in any way with conduct deemed lawful by this section are not contraband nor subject to seizure, and no conduct deemed lawful by this section shall constitute the basis for detention, search, or arrest." ( Health & Saf. Code, § 11362.1.)

*614Decriminalization under Proposition 64 prevails "notwithstanding any other provision of law ...." ( Health & Saf. Code, § 11362.1, subd. (a).) The Attorney General acknowledges that the word "notwithstanding" signals that a statute preempts conflicting statutes. ( In re Greg F. (2012) 55 Cal.4th 393, 406-407, 146 Cal.Rptr.3d 272, 283 P.3d 1160.)

Defendants, all inmates, claim the plain language of Proposition 64 no longer renders possession of less than an ounce of cannabis a felony, and therefore, their petitions dismissing their convictions must be granted.

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Cite This Page — Counsel Stack

Bluebook (online)
248 Cal. Rptr. 3d 611, 36 Cal. App. 5th 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-raybon-calctapp5d-2019.