What is the test for a mistake of law defense in a marijuana case?
California, United States of America
The following excerpt is from People v. Stiggins, F060163 (Cal. App. 2011):
On March 2, 2010, appellant filed a motion in limine to present a mistake of law defense to the allegation that he entered into a criminal conspiracy to illegally cultivate marijuana, citing People v. Urziceanu (2005) 132 Cal.App.4th 747, 777 (Urziceanu). Appellant also requested that the jury be instructed consistent with his motion. At the March 2, 2010, hearing on the motion, the court ruled:
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