Some Pot Cases Can Be Overturned, Says Colorado Court | The Fix
facebook twitter RSS
HOT TOPICS: Alcoholism  Addiction  AA  Cocaine  Heroin

Some Pot Cases Can Be Overturned, Says Colorado Court

The Colorado Court of Appeals made a crucial ruling that could have widespread implications for both the state and the nation at large.


Inside the court of appeals. Photo via

By Shawn Dwyer


| Share

On Thursday, the Colorado Court of Appeals ruled that some people convicted of possessing small amounts of marijuana can ask for their convictions to be overturned thanks to Amendment 64, which legalized less than one ounce of recreational weed during the last election. The potentially eligible cases will be those that were under appeal in December 2012 when the amendment took effect.

“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," the judges said in their ruling.

The appeals judges were determining the fate of a Grand County woman who was convicted of multiple drug charges, including possession of a third of an ounce of marijuana. She was sentenced in August 2011, but the ruling has overturned the convictions and sentences for the pot possession charges and sent the case back to the trial courts. Her attorney, Brian Emeson, said that the decision showed the “tide is turning” and that “it would be wise for them to focus on more pressing matters."

The ruling could potentially affect the hundreds of people currently serving time for minor pot possession charges by releasing some inmates from prison. “This is a huge victory,” said Brian Vicente, one of the authors of Amendment 64.

Though the law was in effect since December 2012, Colorado retailers were unable to begin retail sales until January of this year. But with over $2 million in tax revenues collected thus far, the new law has turned out to be a bigger success than previously imagined.

Rehabilitation Directories

Most Popular
Sober Living
PMS: A Natural Threat to Sobriety

I remember slamming things around the kitchen one night and feeling like I’d lost my mind. I was angry about something so minor, I literally can’t remember what it was and I don’t know that I knew then either

The Rehab Review
Cliffside Malibu

The “beach-house-relaxed” Cliffside Malibu claims to provide an oasis for recovering addicts and alcoholics. And that’s just what you'll get—if you’ve got the cash.

Morningside Recovery

For a “rehab near the beach” experience that isn’t quite as costly as similar SoCal competitors, head to this Newport Beach treatment facility.

AToN Center

Whether you’re interested in the 12 Steps, SMART Recovery, or holistic treatments, this luxurious, appealing and commendable 4.5 star (our system doesn't yet show the 1/2 star) San Diego rehab has a program for you. 


This exclusive Northern California rehab is all about client choice—as well as golf outings, Buddhist field trips and keeping up with the office.

Capo By The Sea

Capo By The Sea offers an executive rehab program complete with medical detox and a focus on dual-diagnosis issues, as well as an outpatient option in an environment that exudes the kind of beach house optimism one would expect from an Orange County recovery outfit.

Journey Malibu

Want many of the luxury amenities A-listers have come to expect—including an enormous backyard with a pool and patio, an herb garden, a volleyball net and a spectacular vista of the Santa Monica mountains—with a recovery program to match?

The Ultimate Guide to Rehab

What you need to know when choosing an addiction treatment center.

the fix tv