State v. Brown

Crothers, Justice.

[¶ 1] The State appeals 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. Because 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. We reverse and remand.

I

[¶ 2] In December 2017 Mitchell James and Taelor Brown were charged with possession with intent to manufacture…