An ancient maxim of the law is ignorantia juris non excusat, or ignorance of the law does not excuse. Put another way, it is presumed that the public knows the laws, and a defense of ignorance is typically not allowed. This principle is at the heart of the recent decision by the state supreme court in State v. Miller, ___ N.C. ___, (June 9, 2017). Facts Miller was convicted of the relatively new crime of possessing a pseudoephedrine product after having been convicted of a methamphetamine-related offense. The offense is found at G.S. 90-95(d1)(1)(c), part of a subsection prohibiting possession of precursor chemicals, and is a Class H felony. That prohibition became effective Dec. 1, 2013, and applies to offenses committed on or after that date. In effect, it bans anyone with a meth-related conviction from possessing pseudoephedrine, a common decongestant medicine (and meth ingredient). Around five weeks after the effective date, Miller was charged with violating it after purchasing allergy medicine containing the substance. Defense counsel filed a motion to dismiss on grounds that the statute was unconstitutional as applied to Miller. The trial court denied the motion and Miller was convicted at trial. Court of Appeals decision On appeal, the court of appeals unanimously reversed. They first rejected the defendant’s mens rea argument-that is, that the statute was unconstitutional because it lacked an element of intent. The court found that the statute was designed to be a strict liability offense, and declined to add an element of intent where [...]
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