In 2016, California voters passed Proposition 64, which eventually led to the legal recreational use of marijuana. Proposition 64 also contained provisions that reduced the criminal penalties for many California marijuana-related crimes, including for the cultivation and sale of marijuana. In a recent case, a state appellate court considered a defendant’s conviction for felony accessory.
According to the court’s opinion, in 2013, police officers had executed a search warrant at a residence, finding a large amount of marijuana. During their investigation, the defendant was arrested after officers saw him leave through the front door of the house. After his arrest, the defendant told officers that he was helping a friend package marijuana.
Initially, the defendant was charged with two felony counts of possession of marijuana for sale and cultivation of marijuana. However, under an agreement with the prosecution, the defendant pled guilty to felony accessory and was sentenced to a sentence of probation. After violating the terms of his probation several times, the judge revoked the defendant’s probation and sentenced him to two years of incarceration. The defendant appealed his conviction, arguing that under the subsequently enacted Proposition 64, he should be entitled to a resentencing.