What is the retroactive application of the medical marijuana defense?

California, United States of America


The following excerpt is from People v. Baker, F071120 (Cal. App. 2017):

or charged crime, but instead presents new matter to excuse or justify conduct that would otherwise lead to liability." (People v. Noble (2002) 100 Cal.App.4th 184, 189.) Nothing in Proposition 57 excuses, justifies, or decriminalizes the illicit conduct at issue. (Cf. People v. Urziceanu (2005) 132 Cal.App.4th 747, 785-786; People v. Trippet (1997) 56 Cal.App.4th 1532, 1543-1545 [retroactive application of medical marijuana defense].)

The judgment is affirmed.

/s/_________
DETJEN, J.

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