No. G055311.

24 Cal.App.5th 596 (2018)

THE PEOPLE, Plaintiff and Respondent, v. NICHOLAS JOHN SMIT, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

June 15, 2018.

Attorney(s) appearing for the Case

Avatar Legal and Cynthia M. Jones for Defendant and Appellant.

Xavier Becerra , Attorney General, Gerald A. Engler , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, and Kathryn Kirschbaum , Deputy Attorney General, for Plaintiff and Respondent.


Proposition 64 legalized the recreational use of marijuana and reduced the penalties on various marijuana-related charges, including possessing marijuana for sale. (Health & Saf. Code, § 11359; all undesignated statutory references are to this code.) Pertinent to the issue in this appeal, the proposition...

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