People v. Smit

*598Proposition 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 also provided a vehicle for an individual to obtain postconviction benefit of the changes in the law if the individual does not have a disqualifying prior conviction. (§ 11361.8; see § 11359.)

*599Defendant Nicholas John Smit filed a petition in the superior court to reduce his *555felony possession…