Prop 64 resentencing

11 Nov

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Check out Judge Couzen’s and Justice Bigelow’s memo on Prop. 64 marijuana resentencing (the new CA law which allows for resentencing for mj possession, sales, & transportation convictions, and others).  Memo Here. While there are likely many straightforward cases, there will be some stickier situations (eg what counts as a “prior conviction” that could bring your client into wobbler-land? what can the judge rely on to determine if the case is a transport or sale? Are the DAs going to contest this?).  At least from the memo above, it looks like the trial courts will rely on Prop. 47 and Prop. 36 case law. Contact your local public defender’s office or drug policy alliance for help on complicated issues, they’ve already been invaluable to me and ready to lend help.

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