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State v. Fox

Idaho Supreme Court
866 P.2d 181 (1993)


Fox (defendant) ordered 100,000 tablets of ephedrine from an interstate distributor. Though ephedrine was legal in many states at the time, it was an illegal substance in Idaho. Fox was charged with possession of a controlled substance. At trial, Fox attempted to introduce advertisements for ephedrine from out-of-state magazines in order to show that he did not know that ephedrine was illegal in Idaho. The court did not allow the evidence, stating that the offender’s knowledge of whether ephedrine was an illegal drug was not an element of the offense with which Fox was charged. After the evidence was disallowed, Fox pleaded conditionally guilty to the crime, reserving his right to appeal the ruling. Fox appealed his conviction.

Rule of Law


Holding and Reasoning (McDevitt, J.)

Dissent (Bistline, J.)

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