Is possession of marijuana for sale in violation of Health and Safety Code section 11359 a criminal offence?

California, United States of America


The following excerpt is from People v. Soto, D069586 (Cal. App. 2017):

Proposition 47, codified in Penal Code section 1170.18, reduced the penalties for a number of offenses. "[A] defendant sentenced or placed on probation prior to Proposition 47's effective date can have his or her sentence for an enumerated felony reduced to a misdemeanor." (People v. Shabazz (2015) 237 Cal.App.4th 303, 310.) Possession of marijuana for sale in violation of Health and Safety Code section 11359 is not an enumerated offense qualifying for relief under Penal Code section 1170.18. (See Pen. Code, 1170.18, subds. (a), (b), & (f).)

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