Until recently,
marijuana has been criminalized in every state, and continues to be illegal at
the federal level today. Colorado’s Amendment 64 and Washington’s Initiative 502 made possession of one ounce of marijuana
legal for persons twenty-one or older. However, both laws failed to comment on
whether these laws would apply retroactively.
A recent Colorado Court of Appeals decision held that Amendment 64 is a
significant change of law allowing, in the interests of justice, retroactive
application.