Those Colorado marijuana smokers convicted of marijuana possession for owning small amounts of the drug may have their convictions reversed because of the new laws legalizing recreational marijuana, according to a new ruling by Colorado’s second-highest court. The court ruled Thursday that some people convicted of possessing small amounts of marijuana can ask for those convictions to be thrown out under the law that legalized recreational marijuana in the state.
The Colorado Court of Appeals ruled that those who were convicted and waiting on an appeal when Amendment 64 became law in December 2012 now can have their convictions reversed. Amendment 64 states that possession of one ounce or less of marijuana is no longer a criminal offense. The judges stated that they had to consider the new law as part of their decision because it reflected the will of the voters.
The case the court was considering featured a female pot smoker who was convicted of multiple drug charges, one of which was possession of about a third of an ounce of marijuana.
The office of Attorney General John Suthers stated that prosecutors want to examine the court’s decision before they plan any further actions. In the ruling, the judges said it they had a duty to follow the will of the voters.