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STATE v. TOBEN

No. 26570.

842 N.W.2d 647 (2014)

2014 S.D. 3

STATE of South Dakota, Plaintiff and Appellee, v. Jason D. TOBEN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 29, 2014.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Bethanna M. Feist , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Steve Miller , Sioux Falls, South Dakota, Attorney for defendant and appellant.

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...

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