People v. Watts CA2/6

Discussion The petition alleged that appellant had been “convicted of possessing 0.75 grams of marijuana [cannabis] in prison in violation of Penal Code [section] 4573.8. (Italics omitted.) The petition was filed pursuant to Health and Safety Code section 11361.8, enacted in 2016 by Proposition 64, the initiative known as the Control, Regulate and Tax Adult Use of Marijuana Act (Marijuana Act).1 Section 11361.8, subdivision (a) provides, “A person currently serving a sentence for a conviction . . . who would not have been guilty of an offense . . . under the . . . Marijuana Act had that act been in effect at the time of the offense may petition for a recall or dismissal of sentence before the trial court that entered the judgment of conviction . . . .” Appellant contends that his sentence “should have been recalled and dismissed as his possession of less than one ounce of marijuana has been decriminalized under section 11362.1,” also enacted by Proposition 64. (Capitalization omitted.) Section 11362.1 “makes it lawful for persons aged 21 years and older to engage in various types of conduct involving cannabis, including the possession of up to 28.5 grams of cannabis (approximately…