By Matt Ferner

A state appeals court has overturned the marijuana conviction of a Colorado woman who was sentenced and convicted for marijuana possession just days after voters approved a measure legalizing recreational marijuana in the state almost three years ago — retroactively applying the law to her case. 

Citing a decision in a previous case, the appeals court ruled that convicted criminal defendants should receive “benefit of amendatory legislation which became effective at any time before the conviction became final on appeal,” the opinion, issued last week, reads.

According to the court opinion, Pamela Boyd, the defendant in the case, and her boyfriend were in the boyfriend’s van when they were approached by an undercover police officer who purchased marijuana from Boyd’s boyfriend. Boyd’s boyfriend placed the cash from the purchase on the van’s dashboard and drove away. Moments later when police officers stopped the van and arrested Boyd and her boyfriend, they found a small amount of marijuana, and the cash from the purchase, in Boyd’s pocket. 

Boyd was found guilty by a jury on Aug. 12, 2012, of possession of marijuana and attempted distribution of the drug and was convicted on Nov. 14 that same year. But a little more than a week before her conviction, Amendment 64, which legalized recreational marijuana in the state, was approved by state voters. Less than a month later, that law went into effect.

Boyd argued that the state’s recreational marijuana law retroactively decriminalized marijuana possession so it should apply to her conviction of being in possession of marijuana because the law, among other things, legalizes the possession of up to an ounce of cannabis.

Because Boyd’s appeal was pending, the court decided that “her conviction for possession of less than one ounce of marijuana must be vacated.”

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Source:: Weed Feed