The official statement mistake of law defense was held not to have been established under the particular circumstances of the following case, where the accused's alleged reliance on advice from a county sheriff's office was found unreasonable.
State v Patten (1984, ND) 353 NW2d 30, defendant relied on sheriff and county sheriff attorney
Mistake of law defense is not available to people who rely, even reasonably, on a mistaken statement or interpretation of the law received from a police officer or other subordinate officer.
Stevens v. State, 135 P.3d 688 (Alaska Ct. App. 2006). _______
if a cop tells you something is ok, and a lawyer tells you something is ok, and it is NOT ok (i.e. illegal) mistake of law is NOT a defense, and while the Jury may not convict you because they find you innocent, if they did, and you appealed, you will not get anywhere.
Again, if a cop or lawyer tells you that smoking pot in california for medical purposes is not a federal offense, and they misread the laws and should have said state law offense, and you rely on that information, and you smoke pot for glaucoma, and the feds bust you, and your defense is "a lawyer and a cop said it was ok" then the court will look at you and laugh.
Mistake of the law is not a defense. Ignorance of the law is not a defense.
Mistake of the law and ignorance of the law is NOT MENS REA.
Choosing to pick up the joint and smoking it is the mens rea. Whether you did it thinking the feds cant do anything to you is not mens rea, its mistake of the law, which, AGAIN, is NOT a legal defense