A California appellate court ruled last week that some felony cannabis convictions may be reduced to misdemeanors. The decision reverses a lower court ruling that determined the offenses were ineligible for reclassification.
In People v. Baxter, the California Court of Appeal, Fourth Appellate District, Division Two, held that state law allows certain aggravated cannabis cultivation offenses to be treated as “wobblers,” or offenses that can be charged as either a misdemeanor or felony.
The court overturned a San Bernardino County judge’s decision, calling that ruling “an abuse of discretion.” The ruling allows trial courts to consider reducing felony convictions even when the original charges included allegations of environmental harm or illegal waste discharge.
The appeals court determined that the trial court “committed legal error” and therefore abused its discretion by concluding that the offense was a straight felony. The court reasoned that state legalization of cannabis had changed the state’s laws related to unlawful cannabis cultivation.
The case involves Amanda Qiaoqun Baxter, who in February 2023 was charged with nine counts of felony marijuana cultivation, five counts of misdemeanor possession of marijuana for sale, three counts of felony receipt of proceeds derived from controlled substances, and two counts of felony conspiracy to cultivate marijuana.
As to each felony cultivation count, the charges alleged that Baxter either illegally discharged waste or caused substantial environmental harm to public lands and other public resources, according to court documents.
The following month, Baxter pleaded guilty to two counts of felony marijuana cultivation and one count of misdemeanor possession of marijuana for sale. The trial court imposed a suspended sentence and ordered restitution.
The court placed Baxter on probation for two years and ordered that she serve 240 days in county jail, which were to be satisfied by work release. She subsequently fulfilled her probation conditions.
In March 2025, Baxter filed motions to dismiss her lower-level convictions, which were granted. She also filed motions to reduce her felony convictions to misdemeanors, which were denied.
The trial court denied the reduction because it determined that “[t]he language of the statute itself does not permit or make this a wobbler,” the trial court ruled, according to court documents.
The appellate court’s decision establishes that trial courts may consider reducing certain felony cannabis cultivation convictions to misdemeanors. The ruling applies even where the original charges included aggravating allegations.
Because cannabis legalization changed the state’s cultivation laws, the offenses can be treated as wobblers.
The decision reverses the San Bernardino County judge’s denial of Baxter’s motions. The case now returns to the trial court for consideration of the reduction requests.
Trial courts retain discretion to evaluate such motions on a case-by-case basis.
The current status is that Baxter’s felony convictions may now be reconsidered for reduction to misdemeanors under the appellate court’s holding.
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