California, United States of America
The following excerpt is from People v. Winston, B268926 (Cal. App. 2017):
3. As we discuss more fully below, section 11360 was amended after defendant's trial to clarify that "'transport' means to transport for sale." ( 11360, subd. (c).) "The practical effect of this amendment is that transportation of [marijuana] for sale as opposed to personal use is now an element of the offense that must be decided by the jury by proof beyond a reasonable doubt." (People v. Ramos (2016) 244 Cal.App.4th 99, 102-103.) The Attorney General agrees that this amendment applies retroactively to defendant. (See In re Estrada (1965) 63 Cal.2d 740, 744, 748.) At the time of defendant's conviction, however, the offense was merely transportation of marijuana, not transportation of marijuana for sale.
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