North Dakota Supreme Court to rule on fake pot ban

BISMARCK – The state’s highest court will weigh in on the legal limbo created last fall when a number of district judges ruled there wasn’t enough notice given when an emergency procedure was used to outlaw several synthetic drugs.

The North Dakota Supreme Court heard arguments last week on an appeal of a December ruling by Morton County District Court Judge Thomas Schneider that dismissed felony drug charges for selling the once-legal products against William Nickel, co-owner of Big Willies ATP in Mandan.

The order from Schneider followed the same logic as a Sept. 8 ruling from Cass County District Court Judge Wickham Corwin, saying the state’s Board of Pharmacy didn’t satisfy a legal requirement to give public notice when taking urgent steps to criminalize a substance.

For about three weeks in September, Corwin’s order prompted Fargo police to stop enforcing the new ban on the synthetics – which included supposed incense that when smoked mimics the effects of marijuana.

Read more at Inforum


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