State v. Toben

KONENKAMP, Justice.

[¶ 1.] Jason D. Toben was convicted, of possessing and distributing synthetic marijuana. He had been selling these products when they were legal, but they became illegal after emergency legislation took effect. His defense at trial was that he mistakenly believed that the products had no illicit substances in them based on the package labeling and the representations from the commercial distributors. In closing arguments, the prosecutor contended that ignorance of the law was no excuse, comparing the charges to a speeding violation. Yet the crucial question for the jury was…