North Dakota v. Nupdal
Annotate this CaseThe State appealed a district court order dismissing a felony charge of unlawful possession of drug paraphernalia for lack of probable cause. The State charged Dylan Nupdal with unlawful possession of drug paraphernalia (a class C felony), among other offenses. The State argued the court erred in concluding a scale only alleged to have been used to weigh and package methamphetamine into smaller quantities did not satisfy the statutory element requiring use or intent to use the scale to produce or prepare methamphetamine. The State asserted the scale was used, or possessed with intent to be used, to produce or prepare methamphetamine. Under the plain language of the statute, a person was guilty of a class C felony if the drug paraphernalia is used, or possessed with intent to be used, in eight enumerated ways. The North Dakota Supreme Court determined these eight prohibited uses did not include using, or possessing with an intent to use, drug paraphernalia to weigh a controlled substance, which was what was alleged by the State, and ultimately found by the district court. "The definition section, N.D.C.C. 19-03.4-01, supports this interpretation, providing that drug paraphernalia includes kits, blenders, bowls, containers, spoons, grinders, and mixing devices used in producing or preparing controlled substances, N.D.C.C. sections 19-03.4-01(2), (8), and scales and balances used in weighing or measuring controlled substances, N.D.C.C. section 19-03.4-01(5). This section implicitly recognizes scales are used to weigh or measure controlled substances when categorized as drug paraphernalia." Accordingly, the Supreme Court concluded the district court did not err in concluding the State failed to establish probable cause of Nupdal unlawfully possessing drug paraphernalia, and dismissing the felony charge.
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