User uShare Login | Register
Login
Register

Along with posting photos, videos, and stories, your uShare account lets you post Classified Ads, recipes on What's For Dinner, and Announcements.


76° View Weather Current Conditions Sioux Falls Change Location
Set Weather Options

RADAR LOCATION

TEMPERATURE LOCATION

News

[0] My Saved Articles
Find local businesses
on the KELO Pages!

 

Most Popular Today


Ignorance Not Accepted In Synthetic Drug Appeal

February 4, 2014, 5:54 PM by Ben Dunsmoor

Ignorance Not Accepted In Synthetic Drug Appeal
SIOUX FALLS, SD -

The South Dakota Supreme Court has upheld the state's first synthetic drug conviction. The justices heard the appeal back in October but filed the opinion in the case late last week.

Back in March of 2012, Jason Toben was a manager at a bar in Deuel County when undercover agents came in and bought synthetic marijuana from him.  The buy happened just days after the legislature made the substances illegal.
   
Toben’s attorney argued to the South Dakota Supreme Court in October that the bar manager didn’t know the substances he was selling were illegal.

"You've got this poor schmuck who's serving nine years, four felonies for conduct which three days earlier was legal and the police knew it and didn't stop him," Toben's attorney Steve Miller said on October 1, 2013.

Toben admitted he got high from the substances but said the packaging said the drugs were legal.

But in its decision issued late last week, the South Dakota Supreme Court didn't agree with that argument.

"One cannot consciously avoid learning the nature of a substance to later assert ignorance of its nature," Justice John Konenkamp wrote in the opinion.

Minnehaha County State's Attorney Aaron McGowan wasn't involved in the case, but says the decision will serve as a guide for future synthetic drug cases.

"The individual knew the nature of the product they were selling and couldn't avoid criminal accountability by playing dumb or saying, 'The packaging or the distributor told me otherwise,'" McGowan said.

That's why the decision on the first synthetic drug case will likely be important in future cases.

Miller had no comment on the case when KELOLAND News spoke with him Tuesday.

Previous Story

Next Story


Comments







 
Find Local Businesses on KELO Pages!

View news

You may also like

SF Drug Ring Involved 220 lbs. Of Marijuana

8/27/2014 5:48 PM

Her boyfriend was killed during a botched robbery in December in northwest Sioux Falls. Faith Rasmussen and her mother, Theresa, have now pleaded guil...

Full Story | Watch
SF Mother, Daughter Admit To Large Drug Conspiracy

8/27/2014 10:54 AM

Faith Rasmussen, 21, and her 55-year-old mother Theresa Rasmussen admit they were bringing marijuana from California to South Dakota and distributing ...

Full Story
Car vs. School Bus Crash Near Inwood, Iowa

8/26/2014 11:31 AM

Authorities in northwest Iowa are investigating a serious crash involving a car and a school bus.

Full Story
Speeding Suspect Arrested For Auto Theft, Other Charges

8/27/2014 10:05 PM

Sioux Falls Police have a man in custody after a driver attempted to elude authorities during a traffic stop.

Full Story
Lead Woman Pleads Guilty To Having Sex With Child

8/30/2014 11:39 AM

A Lead woman has pleaded guilty to having sex with a 12-year-old boy.

Full Story


Events