Does section 4573.6 of the California Penal Code prohibit the possession and consumption of illegal drugs in prison?

California, United States of America


The following excerpt is from People v. Moreno, D077337 (Cal. App. 2020):

In People v. Whalum (2020) 50 Cal.App.5th 1, review granted August 12, 2020, S262935, we addressed Penal Code section 4573.8, a more broadly worded prohibition of use or ingesting of unauthorized drugs in prison. We found the statute had not been preempted or amended by Proposition 64. We found the carve-out provisions of the proposition retained the validity of the statute. We did not address the validity of Penal Code section 4573.6 as it was not alleged in that case.

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