North Dakota v. James

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North Dakota appealed a district court order dismissing with prejudice felony charges of possession of a controlled substance with intent to deliver against Mitchell James and Taelor Brown. The North Dakota Supreme Court determined the production of hash oil is "manufacturing" as defined in N.D.C.C. 19-03.1-01(17), and because the district court made a mistake of law regarding the possession with intent to deliver charge, the State met the burden of proving probable cause. View "North Dakota v. James" on Justia Law