Circuit Judge Scott Brownell in Manatee County threw out 42 felony drug possession cases, ruling that Florida’s drug possession statute is unconstitutional. This comes on the heels a Miami circuit court judge throwing out last month 39 felony charges in a similar ruling.
The issue with the state law is that it lacks the element of intent, which is required in almost all other criminal charges. The prosecutors must prove a defendant knew of the illegal nature of their actions.
Judge Brownell gave as an example-a letter carrier could be found guilty of possession for delivering a package containing unprescribed painkillers, even though he had no idea what was in the package.
This and the Miami ruling could be first of such rulings across the rest of the state. The issue will probably end up in the Florida Supreme Court.
The Herald Tribune has more on the ruling.