Is mistake of law a defense to conspiracy to cultivate marijuana?

California, United States of America


The following excerpt is from People v. Stiggins, F060163 (Cal. App. 2011):

Appellant contends mistake of law is a defense to conspiracy to cultivate marijuana. Generally, one cannot avoid conviction if his or her sole defense to the charging document is ignorance of the law. "The guilt of those who conspire to do an act which is prohibited by law is measured by their intent with reference to the act to be performed and not by the amount of their knowledge or ignorance of whether such acts are contrary to statute. [Citations.]" (People v. McLaughlin (1952) 111 Cal.App.2d 781, 789.)

Page 39

Appellant cites the recent case of People v. Meneses (2008) 165 Cal.App.4th 1648 (Meneses) for the proposition that "[i]gnorance that a penal law prohibits one's conduct may also provide a defense." Appellant offers a selective reading of the Meneses case. Division Four of the First Appellate District, which rendered the opinion in Meneses, actually stated:

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