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State v. Fox

Idaho Supreme Court

866 P.2d 181 (1993)

Relevant factsFree

Fox (defendant) ordered 100,000 tablets of ephedrine from an out-of-state distributor; ephedrine was legal in many states but illegal in Idaho. Fox was charged with possession of a controlled substance and sought to introduce out-of-state magazine advertisements showing he did not know ephedrine was illegal in Idaho. The trial court excluded the evidence, holding that knowledge of the substance's illegality was not an element of the crime. Fox pleaded conditionally guilty, reserving his right to appeal that ruling.

IssueFree

Whether an individual may raise mistake of law as a defense to a charge of possessing a controlled substance.

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