Several years ago, a man was convicted of felony transportation of marijuana when he was caught trying to cross the border with 100 pounds of marijuana. He was charged in state court but always maintained his innocence. Now, with the passage of Proposition 64, which allows for certain felony charges to be reduced to misdemeanors, the man saw an opportunity to improve his situation. While there are several exceptions to Prop 64, such as if you are caught importing or exporting more than eight ounces of marijuana.
However, in this case, attorney McElfresh’s client wasn’t charged with importing or exporting; he was only charged with transportation, and there was no official record to the contrary. Therefore, San Diego marijuana lawyer Jessica McElfresh went to court and negotiated to have her client’s felony designation amended to a much less severe misdemeanor under Proposition 64.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.