Does the retroactive application of section 11379 of the California Health and Safety Code apply in cases involving possession for personal use?

California, United States of America


The following excerpt is from People v. Phu, C073986 (Cal. App. 2015):

drug transportation in cases involving possession for personal use. Thus, retroactive application of the amended statute is consistent with the legislative intent of the amendment. Moreover, the amendment to Health and Safety Code section 11379 took effect when the judgment against defendant was not yet final. (People v. Rossi (1976) 18 Cal.3d 295, 304 [the rule applies to any proceeding, which at the time of the supervening legislation, has not yet reached final disposition in the highest court authorized to review it].)

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