Florida’s passed the Comprehensive Drug Abuse Prevention and Control Act in 2002 that eliminated
criminal intent as an element of the
crime. Florida is the only state to eliminate
criminal intent. A federal judge has now declared this
drug statute as unconstitutional saying that
criminal intent is not required to be proven by prosecutors.
Florida’s Drug Crimes
According to an article in the
Palm Beach Post, U.S. District Judge Mary S. Scriven used the example of a student who hides his
cocaine in a friend’s backpack without telling him. The friend has no idea it was there but is still guilty of possession due to the
Florida statute, even if he had no intent to possess it or didn’t know it was there.
Judge Scriven stated that elimination of the intent element is “atavistic and repugnant to the common law.”
If this declaration of the act as unconstitutional is upheld on appeal, the decision could place hundreds or even thousands of
drug convictions in jeopardy.
Comments from several prosecutors and
criminal defense lawyers from around the country are praising the ruling. However, the impact of this new decision on past convictions will not be clear until the appeal is upheld. According to the Post,
The National Association of Criminal Defense Lawyers, the American Civil Liberties Union and dozens of law professor filed briefs in the case. The ruling has created a major buzz among
criminal defense lawyers across the state.
Nellie King, president of the
Florida Association of Criminal Defense Lawyers, said:
"Judge Scriven's ruling simply renews the mandates inherent in the Constitution which our legislature opted to ignore."
The state is expected to appeal Scriven's ruling.
Criminal Defense
If you have been
charged with drug possession, you need to
contact a criminal defense lawyer immediately. These changes in legislation are going to significantly impact the possibility of a conviction. A
criminal defense lawyer is knowledgeable about this situation and can help you devise a strategy for the best possibly outcome.