Today is a good day. Not just for me, but more so for my client who walked out of the Honorable Judge Swain's courtroom today with his prior felony possession of marijuana for sale conviction reduced to a misdemeanor. This was not possible until the recent passage of Proposition 64, and the post-conviction relief that it provides pursuant to Health & Safety Code section 11361.8. Possession of marijuana for sale, in violation of Health & Safety Code section 11359, was reclassified to a misdemeanor under Prop 64, and persons with prior possession of marijuana for sale convictions can apply for resentencing under Prop 64.
My client has no other prior convictions, and, as a first-time offender, was convicted of a felony possession of marijuana for sale as a medical marijuana user in possession of seven ounces of marijuana. As a result of the conviction, he became nearly unemployable, and almost lost his house. Today, I am hopeful that he will have better employment opportunities moving forward, and not lose his house such that his family becomes homeless.
Today, we have one less prisoner of the drug war. For that I am grateful.