People v. Boyd

*1138JUDGE BERNARD,

concurring in part and dissenting in part.

¶ 49 I concur with the majority’s decisions to affirm defendant’s felony conviction for attempted distribution of marijuana and to correct the mittimus. I respectfully dissent from its decision to vacate her petty offense conviction for possessing marijuana.

I. Introduction

¶ 50 I dissent on an issue that seems superficially easy enough; Should we apply the ameliorative change found in article XVIII, section 16(3) of the Colorado Constitution (section 16(3)), which eliminated criminal liability for possession of small amounts of marijuana,…