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Colorado: Appeals Court Approves Retroactive Reversal of Marijuana Convictions

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By Steve Elliott
Hemp News

Residents of Colorado who were convicted of marijuana possession before recreational legalization measure Amendment 64 was passed may be eligible to have those convictions overturned, the Colorado Court of Appeals has ruled.

Under Amendment 64, as of January 1, adults 21 and older are allowed to buy up to an ounce of cannabis. But with more than 9,000 marijuana possession cases being prosecuted each year until then, thousands of state residents are now wondering how legalization impacts their previous convictions, reports RT.com.

A three-judge state appeals court panel on March 13 ruled that part of an earlier decision in a case against a Colorado woman sentenced in 2011 for marijuana possession should be vacated.

If "there has been a significant change in the law," there can be post-conviction relief, the appellate court wrote.

"Amendment 64, by decriminalizing the personal use or possession of one ounce or less of marijuana, meets the statutory requirement for 'a significant change in the law' and eliminates and thus mitigates the penalties for persons convicted of engaging in such conduct," the judges wrote.

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