Can a good faith mistake be a defense to conspiracy to sell marijuana?

California, United States of America


The following excerpt is from People v. Guire, F070326 (Cal. App. 2017):

14. As supporting authority, defendant cites People v. Urziceanu, supra, 132 Cal.App.4th 747, in which the Third Appellate District concluded a good faith mistake of law was a valid defense to conspiracy to sell marijuana. Unlike possession for sale of marijuana, which requires possession with the specific intent to sell, conspiracy requires proof of a specific intent to commit an unlawful act. (Id. at pp. 778-779.)

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