Opinion by
JUDGE MILLER
¶ 1 Defendant, Pamela Kathleen Boyd, appeals the judgment of conviction entered on a jury verdict finding her guilty of attempted distribution of marijuana and possession of marijuana: We affirm the attempted distribution conviction, reverse the possession conviction, and remand the case to the trial court with directions.
¶ 2 In People v. Russell, 2014 COA 21M, 396 P.3d 71 (cert. granted Feb. 23, 2014), a division of this court1 examined section 16(3)(a) of article XVIII of the Colorado Constitution (section 16 is popularly known as Amendment 64), which decriminalized the possession of one ounce or less of marijuana. The division applied section 16(3)(a) retroactively to convictions pending appeal on December 10, 2012, when the amendment became effective. Russell, ¶ 20. Defendant in this case relies on Russell in asking this division to vacate her possession conviction. The People point out that this division is not bound by the Russell division, see People v. White, 179 P.3d 58, 60-61 (Colo.App.2007), assert that Russell was wrongly decided, and ask us to affirm that conviction.
¶3 Because the People rely on the same arguments they made in Russell, we might be tempted to reject those arguments for the reasons set forth in the Russell opinion and reverse the possession conviction with little further discussion. We resist that temptation, however, in light of the thoughtful and carefully researched opinion by Judge Bernard (hereinafter the dissent), which identifies significant issues of substance not raised by the People in either Russell or this case. In recognition of our authority to affirm the trial court’s judgment on any ground supported by the record, see People v. Quintana, 882 P.2d 1366, 1371 (Colo.1994), we address those issues as well as the People’s.
¶ 4 After briefly reviewing the factual and procedural background of the case, we turn first to a separate issue concerning ■ comments by the trial court; if defendant were to prevail on that.issue, we would reverse both the possession and attempted distribution convictions.
I. Background
¶ 5 An. undercover police officer approached defendant and her boyfriend while they were in the boyfriend’s van. The officer purchased marijuana from the boyfriend. The boyfriend put the cash received from the officer on the van’s dashboard. Defendant and her boyfriend then drove away. Other police officers stopped the van. and arrested defendant and her boyfriend. The officers found a small amount of marijuana and the cash from the undercover officer in defendant’s pocket.
¶ 6 A jury convicted defendant of possession of marijuana and attempted distribution of marijuana. The trial court held a hearing and found that defendant was subject to a sentence enhancer on the attempted distribu[1131]*1131tion conviction because she had been previously convicted of distribution of marijuana,
II. Trial Court’s Comments
¶ 7 Défendant contends, for the first time on appeal,, that certain comments by the trial court during voir due incorrectly instructed the prospective jurors, including those ultimately seated, regarding the presumption of innocence. We are not persuaded.
¶ 8 The trial court explained the presumption of innocence and the prosecutor’s burden of proof to the jury:
[T]he Prosecution has .to prove, beyond a reasonable doubt, that [defendant] is guilty.
If the Prosecution does that, then it mil be your duty, as jurors, to say she’s guilty. If the Prosecution doesn’t meet that standard, then it. will be your obligation, as jurors, to say she’s not guilty.
Not that she’s innocent, notice, but that she’s not guilty. And that means not proven beyond a reasonable doubt.
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[I]t’s better to acquit 100 guilty people than to convict one innocent person.
You can agree with that, or disagree with that. That’s not part of the Constitution. But I’ve heard that as an explanation for why we have such a high burden of proof before somebody can be found guilty of a crime, that that’s such a serious judgment that we ought to be sure, at least as sure as we can, which is sure beyond a reasonable doubt, before we say somebody broke the law,
And if the District Attorney doesn’t prove [defendant is guilty beyond a reasonable doubt], find her not guilty, which, again, doesn’t mean she’s innocent anymore [sic] than any of us is innocent, in the sense of a newborn baby.
It just means not proven.
¶ 9 Defendant’s counsel did not contemporaneously object to these comments. However, defendant argues now that the comments were “self-defeating” in that they unnecessarily diluted the significance and confused the meaning of the presumption of innocence for the jury.
¶ 10 Because defendant failed to object, we review only for plain error. Hagos v. People, 2012 CO 63, ¶ 14, 288 P.3d 116. Plain error review is limited to “particularly egregious errors” that are both obvious and substantial. Id. "We reverse under plain error review only if the error so undermined the fundamental fairness of the trial itself so as to cast serious doubt on the reliability of the judgment of conviction.” Id. (internal quotation marks omitted).
IF 11 Defendant cites Martinez v. People, 172 Colo. 82, 88-89, 470 P.2d 26, 29-30 (1970), in support of his argument that it is incorrect for the trial court to give an instruction implying that the presumption of innocence allows guilty persons to go free. In that case, the trial court had given what was then a stock instruction that the presumption of innocence
is not intended to aid anyone who is in fact guilty of crime, to escape, but is a humane provision of the law, intended, so far as human agencies can, to guard against the danger of an innocent person being unjustly punished.
Id. at 87-88, 470 P.2d at 29. While the supreme court reversed the conviction on other grounds, it held that the instruction was not a good statement of the law and should not be given in future cases. Id. at 87, 470 P.2d at 29
¶ 12 We agree with defendant that the trial court’s comments—though, in our view, not an instruction—were not a good statement of the law. In accordance with Martinez, the court should have avoided any comment during voir dire that implied that the presumption of innocence allows guilty defendants to avoid conviction. However, because these remarks by the trial court did not reflect adversely on defendant or on the issue of her innocence, we do not perceive them to be egregious or prejudicial. See People v. Martinez, 224 P.3d 1026, 1030 (Colo.App.2009) (“[C]asual remarks by the trial court ... do not constitute reversible error unless they reflect adversely upon the defendant or upon the issue of his or her guilt or innocence.”), [1132]*1132aff'd on other grounds, 244 P.3d 135 (Colo.2010).
¶ 13 Taken in context, these comments explained how high the prosecution’s burden of proof is and attempted to explain that a verdict of not guilty simply means that the prosecution has not met its burden. Moreover, any risk of prejudice here was mitigated by the court’s written jury instructions, which correctly articulated the burden of proof and the presumption of innocence and which we presume the jury understood and correctly applied. See People v. Estes, 2012 COA 41, ¶ 12, 296 P.3d 189; People v. Lucas, 232 P.3d 155, 163 (Colo.App.2009). Thus, although we disapprove the court’s explanation as confusing, it did not constitute plain error in this case. See Estes, ¶ 12.
III. Retroactivity of Amendment 64
¶ 14 Defendant asserts Amendment 64 applies retroactively to decriminalize her possession of marijuana, as held in Russell, and, consequently, her conviction for possession of less than one ounce of marijuana should be vacated. We agree.
¶ 15 In construing a constitutional amendment, our goal is to determine and give effect to the will of the people in adopting it, Huber v. Colo. Mining Ass’n, 264 P.3d 884, 889 (Colo.2011). We apply general rules of statutory construction in construing citizen-initiated measures. Id. One of these rules is that we presume that when the legislature enacts a statute, it is aware of its own enactments and ertsting case law precedent. See Anderson v. Longmont Toyota, Inc., 102 P.3d 323, 330 (Colo.2004). We therefore make the same presumption with regard to the drafters of a citizen-initiated measure. In addition, we must adopt a construction that avoids or resolves potential conflicts, giving effect to all legislative acts, if possible. Huber, 264 P.3d at 892. Finally, we avoid interpretations that lead to unjust, absurd, or unreasonable results. Id. at 889.
A. Russell and Thomas
¶ 16 Section 16(3) provides that possession of one ounce or less of marijuana and certain other acts “are not unlawful.” Section 16(9) provides that all provisions of Amendment 64 “shall become effective upon official declaration of the vote hereon by proclamation of the governor....” The governor made the proclamation on December 10, 2012. 2013 Colo. Sess. Laws 3300.
¶ 17 In Russell, a division of this court concluded that section 16(3)(a) applies retroactively to convictions for possession of less than one ounce of marijuana that were pending appeal on December 10, 2012. Russell, ¶ 20.
¶ 18 The analysis in Russell is based on a statute and the common law. See Russell, ¶ 12. The statutory source is the identically worded predecessor to current section 18—1— 410(l)(f)(I), C.R.S. 2014, which enabled a convicted defendant to request postconviction relief when “there has been significant change in the law, applied to the applicant’s conviction or sentence, allowing in the interests of justice retroactive application of the changed legal standard.” Ch. 152, see. 2, § 40-1-510(1)(f), 1973 Colo. Sess. Laws 533.
¶ 19 The judicial source is People v. Thomas, 185 Colo. 395, 525 P.2d 1136 (1974), where the court applied this statute, explaining: “The view that amendatory legislation mitigating the penalties for crimes should be applied to any case which has not received final judgment finds substantial support in the common law.” Id. at 398, 525 P.2d at 1138 (emphasis added). In Thomas, the court applied this doctrine to give a convicted defendant the benefit of a statute enacted eight months after his sentencing while his appeal was pending. Id. at 396, 525 P.2d at 1137-38.
¶ 20 A few months later, the court applied this doctrine to direct appeals, as well as postconviction motions, in People v. Thornton, 187 Colo. 202, 203, 529 P.2d 628, 628 (1974). The defendant in Thornton had filed a direct appeal under then-applicable section 40-1-509, Ch. 121, sec. 1, § 40-1-509, 1971 Colo. Sess. Laws 401-02 (now codified as section 18-1-409, C.R.S. 2014), which is limited to appeals of sentences in felony cases. The supreme court held that although Thomas was decided in the context of postconviction relief under section 40-1-410(1)(f), “there is no valid reason not to grant similar [1133]*1133relief under the Thomas rule, where, as here, the application for relief is sought by direct appeal under section 40-1-509.” Thornton, 187 Colo. at 203, 529 P.2d at 628. Notwithstanding the reference to former section 40-1-509 in Thornton, the supreme court subsequently applied the Thomas rule to accord the benefits of amendatory legislation retroactively on a direct appeal of a defendant’s conviction and sentence. See People v. Truesdale, 190 Colo. 286, 288, 290, 546 P.2d 494, 495, 497 (1976).2
¶ 21 Since Thornton, both the supreme court and the court of appeals have consistently applied the Thomas rule to give convicted criminal defendants the “benefit of amendatory legislation which became effective at any time before the conviction became final on appeal.” People v. Griswold, 190 Colo. 136, 137, 543 P.2d 1251, 1252 (1975); see also People v. Montgomery, 737 P.2d 413, 414 n, 4 (Colo.1987); People v. Bloom, 195 Colo. 246, 251-52, 577 P.2d 288, 292 (1978); Glazier v. People, 193 Colo. 268, 269, 565 P.2d 935, 936 (1977); Truesdale, 190 Colo. at 290, 546 P.2d at 497; Naranjo v. Dist. Court, 189 Colo. 21, 23, 536 P.2d 36, 37 (1975); Shook v. Dist. Court, 188 Colo. 76, 78-79, 533 P.2d 41, 42 (1975); McClure v. Dist. Court, 187 Colo. 359, 360-61, 532 P.2d 340, 341-42 (1975); People v. Race, 187 Colo. 204, 205, 529 P.2d 629, 630 (1974); People v. White, 804 P.2d 247, 249-50 (Colo.App.1990); People v. Palmer, 42 Colo.App. 460, 461-63, 595 P.2d 1060, 1062-63 (1979); People v. Jenkins, 40 Colo.App. 140, 143, 575 P.2d 13, 15-16 (1977). We must assume that the drafters of Amendment 64 were aware of this precedent and of section 18-1-410(1)(f). See Anderson, 102 P.3d at 330.
B. Application to the Present Case
¶ 22 The present case, like Russell, falls within the pattern established by this line of eases. Defendant was convicted and sentenced under the pre-Amendment 64 statute making possession of even a small amount of marijuana unlawful. Shortly after sentencing, Amendment 64 was adopted, “significant[ly] chang[ing] ... the law,” § 18—1— 410(l)(f)(I), to eliminate and thus mitigate the penalty for persons convicted of possessing one ounce or less of marijuana. Accordingly, under the Thomas rule, defendant should receive the benefit of this change and have her conviction vacated.
¶ 23 The supreme court and court of appeals have consistently applied this analysis when changes in the law resulted in substantially more lenient treatment for persons possessing marijuana. In Bloom, the court reduced the defendant’s sentence of five to twelve years in the custody of the Department of Corrections to a maximum of one year based on the enactment, after the defendant committed the marijuana possession offense, of a statute reducing the offense from a felony to a misdemeanor. 195 Colo. at 251, 577 P.2d at 292. The court held that the defendant was entitled to the benefit of the change in the law under the Thomas rule. Id.
¶ 24 The change was even more dramatic in Glazier where the defendant was sentenced to five to eight years for possession of over one-half ounce of cannabis, but received the benefit of a legislative change reducing the crime of possession of less than one ounce to a petty offense and the penalty to a $100 fine. The court explained: “As we have repeatedly held, a defendant is entitled to the benefits of amendatory legislation [1134]*1134when relief is sought before finality has attached to the judgment of conviction.” 193 Colo. at 269, 565 P.2d at 936; see also Palmer, 42 Colo.App. at 461-62, 595 P.2d at 1062 (giving the defendant the benefit of a reduction in,the maximum penalty from two to fifteen years .to a maximum $100 fine).
¶25 Accordingly, under the long-established Thomas rule and section 18—1— 410(l)(f), defendant is entitled to the ameliorating effect of Amendment 64.
C. The People’s and Dissent’s Arguments
¶ 26 The People do not argue that Russell does not apply to defendant; rather, they and the dissent contend that Russell was wrongly decided for several reasons. We consider and reject their arguments.
1. Sections 2-4-202 and 2-4-303
¶27 The dissent relies in part on two statutes addressing the retroactive effect of amendatory legislation: section 2-4-202, C.R.S. 2014 (“A statute is presumed to be prospective in its operation.”), and section 2-4-303, C.R.S. 2014 (“The repeal ... of any statute or part of a statute ... shall not have the effect to release [or] extinguish ... any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such statute, unless the repealing ... act so expressly provides.... ”). The People also make brief reference to section 2-4-303 only. For four reasons, these two statutes do not change our analysis.
¶28 First, as the dissent notes, the supreme court has expressly ruled that section 2-4-303 does not apply to criminal cases. Noe v. Dolan, 197 Colo. 32, 36 n. 3, 589 P.2d 483, 486 n. 3 (1979). The court explained that, in criminal eases, it “has consistently adhered to the principle enunciated” in Thomas “that a defendant is entitled to the benefits of amendatory legislation when relief is sought before finality has attached to the judgment of conviction.” Id, “This result is dictated by the legislative intent evidenced by the postconvietion review remedy authorized by section 18-1-410(l)(f)....” Id. To the extent this language may constitute dic-turn because Noe was a civil case, it has never been expressly overruled or disapproved by the supreme court.
¶29 Second, the proposition in Riley v. People, 828 P.2d 254 (Colo.1992), and People v. McCoy, 764 P.2d 1171 (Colo.1988), on which the dissent relies constitutes dicta. Those decisions included references to sections 2-4-202 and 2-4-303 in string cites, but without discussion or analysis. Riley, 828 P.2d at 257; McCoy, 764 P.2d at 1174. The statutes are cited in McCoy as support for the proposition that the supreme court’s cases “establish that a defendant does not receive any ameliorative benefit when retroactive application of the amendatory legislation is clearly not intended by its own terms,”, 764 P.2d at 1174 (emphasis added). Thus, McCoy and Riley, and the eases they cite on this issue, all construe statutes with effective date clauses stating that the amen-datory legislation either (1) applies only to offenses committed on or after the effective date, see People v. Holland, 708 P.2d 119, 120 (Colo.1985); People v. Macias, 631 P.2d 584, 586 (Colo.1981); People v. Barefield, 804 P.2d 1342, 1346 (Colo.App.1990); People v. Collyer, 736 P.2d 1267, 1269 (Colo.App.1987); or (2) does not apply to offenses committed prior to the effective date, see People v. Stewart, 626 P.2d 685, 686 (Colo.1981); People v. Lopez, 624 P.2d 1301, 1302 (Colo.1981); Tacorante v. People, 624 P.2d 1324, 1329 (Colo.1981) (explaining that the statute at issue in Lopez applied to offenses committed on or after July 1, 1979, and, “notwithstanding any other provision of law or court rule, shall not apply to offenses committed prior to said date”). The clarity of the “on-or-after” and similar language in Riley, McCoy, and the cited cases rendered any reliance on the two statutes unnecessary, since there can be nó .dispute that the plain amendatory statutory language in those cases unambiguously expressed an intention that there be no retroactive effect. Thus, to the extent that Riley and McCoy look to sections 2-4-202 and 2-4-303 to deny retroactive effect to the ameliorating criminal legislation in those cases, such reliance is dicta.3
[1135]*1135¶ 30 We also note that neither Riley nor McCoy purported to overrule Thomas or any of the many decisions following it. In particular, Riley and McCoy did not suggest that Bloom or Glazier was improperly decided. Those decisions gave the defendants the benefit of 1975 legislation that ameliorated the penalties for marijuana possession. Bloom, 195 Colo. at 251-52, 577 P.2d at 292; Glazier, 193 Colo. at 269, 565 P.2d at 936. The amendatory legislation at issue in those cases merely stated: “This act shall take effect July 1, 1975.” Ch. 115, sec. 10, § 12-22-412, 1975 Colo. Sess. Laws 437. The supreme court nonetheless extended the ameliorative benefits of the amendatory legislation to those defendants based on the rule in Thomas, which Riley and McCoy left intact. The language in section 16(9)—“shall become effective”—is similar to that in the 1975 marijuana legislation.
¶ 31 The third reason why we are not persuaded that sections 2-4-202 and 2-4-303 are controlling in this case is based on a principle of statutory construction that trumps those two sections. If a general provision conflicts with a more specific provision, and the conflict is irreconcilable, “the special ... provision prevails as an exception to the general provision, unless the genéral provision is the later adoption and the manifest intent is that the general provision prevail.” § 2-4-205, C.R.S. 2014 (emphasis added). Sections 2-4-202 and 2-4-303 (assuming they apply to criminal cases at all) set forth general rules of construction regarding prospective effect for amendatory legislation, while section 18—1—410(l)(f)(I) provides for retroactive application of amendatory legislation under specific circumstances—where “there has been significant change in the law, applied to the applicant’s conviction or sentence, allowing in the interests of justice retroactive application of the changed legal standard.”
¶ 32 Fourth, we have an obligation to adopt a construction of these statutes that avoids or resolves conflicts, .if possible. See Huber, 264 P.3d at 892. Section 2-4-202, which creates a general presumption of prospective effect, can be readily reconciled with section 18—1—410(1)(f), which carves out a specific exception to the general presumption.
¶ 33 But even if the statutes cannot be reconciled, then section 18—1—410(l)(f) must prevail as the more specific provision. As the supreme court has explained, “[a] general provision, by definition, covers a larger area of the law. A specific provision, on the other hand, acts as an exception to that general provision, carving out a special niche from the general rules to accommodate a specific circumstance.” Martin v. People, 27 P.3d 846, 852 (Colo.2001). The court also pointed out that by having the specific provision prevail over the general, both provisions can still exist; if the general provision prevailed, the specific one would cease to function. Id.
¶ 34 In this case, the version of section 18-1—410(l)(f) in effect on the effective date of Amendment 64 was enacted after sections 2-4-202 and 2-4-303. Compare Ch. 56, sec. 28, § 18—1—410(1)(f), 1975 Colo. Sess. Laws at 211, with Ch. 406, sec. 1, § 135-1-202, 1973 Colo. Sess. Laws at 1424, and Ch. 406, sec. 1, § 135-1-303, 1973 Colo. Sess. Laws at 1425. Even if section 18—l-410(l)(f) was not the more recent, neither section 2-4-202 nor section 2-4-303 expresses a manifest intent to repeal or displace section 18—1—410(1)(f). See Jenkins v. Panama Canal Ry. Co., 208 P.3d 238, 242-42 (Colo.2009). Indeed, none of these statutes refers to the others.
¶ 35 We therefore conclude that sections 2-4-202 and 2-4-303 do not preclude the retroactive application of section 16(3) in this case.
2. The Constitutional Presumption
¶ 36 The People’s principal contention is that retroactive application of section 16(3) is [1136]*1136not possible because a constitutional amendment applies prospectively unless the terms of the constitutional amendment clearly show the intent that it be applied retroactively. See Huber, 264 P.3d at 889. This argument fails for several reasons.
¶ 37 First, as just discussed, statutes are also presumed to be prospective in operation. §§ 2-4-202, -303. Notwithstanding that presumption, the supreme court has applied the Tilomas rule and section 18—1—410(l)(f) to the numerous statutes described in the cases cited above, and the court has never abrogated that rule.
¶38 Second, as previously noted, section 16(3)(a) must be construed to give effect to all legislative acts, if possible, and resolve any potential conflicts, and awareness of such legislation and applicable judicial decisions must be assumed. See Anderson, 102 P.3d at 330. Thus, the presumption that section 16(3)(a) be given prospective effect only should be applied in light of the existing framework that gives defendants the benefit of significant changes in the law, so long as the changes are asserted before the judgment of conviction becomes final at the conclusion of the direct appeal.
¶39 Third, the cases relied on by the People for the presumption of the prospective effect of constitutional amendments are all, with one exception, civil cases, to which section 18-1-410(1)(f) and the Thomas rule do not apply. The only exception, People v. Elliott, 186 Colo. 65, 525 P.2d 457 (1974), was announced just two weeks after Thomas. The parties in Elliott obviously could not have argued Thomas, and the opinion does not cite to or discuss Thomas. Elliott was not cited in any of the cases listed above following Thomas, nor are we aware of any reported Colorado criminal case on this issue citing Elliott. None of the cases relied on by Elliott involved retroactive application of a constitutional amendment repealing a statute defining a crime or specifying a sentence. Unlike this case, Elliott did not involve a constitutional amendment aimed at repealing, or reducing the penalty, for a particular criminal offense; rather, it involved the Equal Rights Amendment (article II, section 29 of the Colorado Constitution), which guarantees equality of all rights between the sexes. Thus, Elliott has little or no relevance to the present ease.
¶ 40 Fourth, for the reasons articulated in Part III.C.1., we reject the People’s contention that Thomas and Bloom are no longer good law because of the “clarification” regarding the presumption of prospectiveness provided in Riley and McCoy. The amenda-tory statutes at issue in those cases applied only to acts committed “on or after” their effective dates. Had the drafters of Amendment 64 intended to limit the effect of section 16(3)(a) to future conduct only, they could have included “on or after” language in the effective date clause. They chose not to do so, and we decline to extend Riley and McCoy beyond the facts on which they are based.
¶ 41 Finally, the dissent emphasizes section 1-40-123, C.R.S. 2014, which provides that a measure submitted to the people “shall take effect from and after the date of the official declaration of the vote by proclamation of the governor, but not later than thirty days after the votes have been canvassed.” (The People’s brief makes no reference to this statute.) However, we see no reason why this statute, or the general presumption articulated in Huber, preempts the Thomas rule or section 18—1—410(l)(f):
• Section 18-l-410(l)(f)(I) refers to a significant “change in the law” applicable to a criminal defendant’s conviction or sentence resulting in a “changed legal standard.”4
• Section 1-40-123 establishes a general rule concerning the prospective nature of constitutional amendments. See also Huber, 264 P.3d at 889 (stating presumption that a constitutional amendment has prospective application only).
• For the reasons discussed above, however, this general rule or presumption is subject to the more specific exception set forth in section 18-l-410(l)(f) and the Thomas rule providing for the retroactive application to a conviction or sen[1137]*1137tence of a changed legal standard resulting from a significant change in the law.
• Nothing in section 16(9) expresses a manifest intent that it prevail over section 18-l-410(l)(f) or the Thomas rule.
¶ 42 Accordingly, the general presumption of prospective effect accorded constitutional amendments by Huber and section 1-40-123 is subject to the narrow exception created by Thomas and section 18-l-410(l)(f).
3. Other Contentions
¶ 43 The People also contend that the express language of section 16(3)(a) shows that the voters intended for the initiative to apply prospectively only. They argue that the use of the phrase “shall not be an offense” in section 16(3) indicates that the voters intended to decriminalize only future marijuana offenses. (Emphasis added.) We are not persuaded.
¶ 44 The term “shall” is normally used in statutes to indicate the General Assembly’s intent for a provision to be mandatory. See, e.g., Riley v. People, 104 P.3d 218, 221 (Colo.2004) (“There is a presumption that the word ‘shall’ when used in a statute is mandatory.”); DiMarco v. Dep’t of Revenue, 857 P.2d 1349, 1352 (Colo.App.1993). Thus, the mere use of the word “shall” sheds little light on whether Amendment 64 applies, retroactively. We also note that the same sentence in section 16(3) containing the term “shall” includes the present tense statement that “the following acts [personal marijuana possession and use] are not unlawful” (emphasis added). While the amendment could have been drafted to include clearly prospective language in both phrases, for example using “on or after” language, it was not.
¶45 Finally, the People argue that the division in Russell erred in relying on Bloom and Thomas because of an asserted “fundamental distinction” between an enactment that repeals a substantive offense and one that mitigates the penalties for crimes. Such a distinction, however, is not made in section 18-l-410(l)(f)(I), which expressly contemplates applying a significant change in the law “to the applicant’s conviction or sentence” (emphasis added). Maintaining the proposed distinction would also lead to unjust and unreasonable results. For example, in Glazier, the defendant was given the benefit of a change in law that reduced his sentence for possessing a small amount of marijuana from five to eight years in the custody of the Department of Corrections to a $100 fine. 193 Colo. at 269, 565 P.2d at 936. Under the People’s approach, however, if the General Assembly had decriminalized such possession entirely, the defendant would not have been entitled to the benefit of that change in the law. Maintaining such an inequitable distinction would be unjust and unreasonable. See Huber, 264 P.3d at 892.
¶ 46 Accordingly, we agree with the division’s reasoning in Russell and apply it here. Defendant was found guilty on August 8, 2012, and sentenced and convicted on November 14, 2012. Thus, because her appeal remains pending, her conviction for possession of less than one ounce of marijuana must be vacated.
IV. Correction of the Mittimus
¶ 47 The mittimus indicates that defendant was convicted of count six, for conspiracy to sell marijuana. Both parties agree, and the jury verdict form reflects, that the jury found defendant not guilty of this count and that the mittimus is therefore incorrect. We therefore remand the case to the trial court with directions to correct the mittimus.
V. Conclusion
¶48 The judgment of conviction for attempted distribution of marijuana is affirmed. The judgment of conviction for possession of marijuana is reversed. We remand the case to the trial court with directions to vacate the marijuana possession conviction and to amend the mittimus to remove the possession and conspiracy convictions, as specified in Parts III and IV of this opinion.
JUDGE HAWTHORNE concurs.
JUDGE BERNARD concurs in part and dissents in part.