State v. Nupdal, 966 N.W.2d 547

Pembina County officers stopped Nupdal for a possible impaired driver and found suspected marijuana and smoking items in his vehicle.
During a search, Nupdal admitted he had methamphetamine in his sock; officers found a baggie of crystalline substance and Nupdal said he intended to sell it.
Officers recovered a silver digital scale from the vehicle with white residue; officers testified the scale was used to weigh meth for packaging/resale.
The State charged Nupdal with felony unlawful possession of drug paraphernalia under N.D.C.C. § 19-03.4-03(1).
The district court held the scale was drug paraphernalia but dismissed the felony charge for lack of probable cause because weighing/packaging for resale is not one of the felony-listed uses (e.g., manufacture, produce, prepare).
The State appealed; the Supreme Court affirmed the dismissal, interpreting the statutory text and related definitions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether possession of a scale used to weigh/package meth for resale satisfies the felony paraphernalia element requiring use or intent to use to "produce" or "prepare" a controlled substance	Scale was used, or intended to be used, to produce/prepare meth because weighing/packaging is part of preparing for distribution	Scale was paraphernalia but weighing/packaging for resale does not equate to producing or preparing under the felony statute	The court held probable cause was lacking for the felony charge: weighing/packaging for resale falls outside the felony uses enumerated in the statute; affirmed dismissal

State v. Mitchell, 960 N.W.2d 788 (probable cause review standard)
State v. Midell, 798 N.W.2d 645 (definition of probable cause)
State v. Marcum, 939 N.W.2d 840 (statutory interpretation; harmonize provisions)
State v. Stands, 956 N.W.2d 366 (discussed detention after discovery of a scale with residue)
State v. Apland, 858 N.W.2d 915 (addressed sufficiency of an affidavit where a scale was part of the evidence)