Last Tuesday, the Florida Supreme Court heard arguments as to the constitutionality of the 2002 drug laws. Who knows how it will turn out. However, the best summery that I have seen on the arguments is:
“….Assistant Public Defender Matthew Bernstein said the law is broad enough that it could criminalize innocent conduct. For example, if someone were mistakenly given some roxycodone, a narcotic, they believed to be an over-the-counter pain reliever, they could be convicted under current law, he said.
“Because it has the potential to criminalize innocent activity, it is unconstitutional,” he said.
The law has come under scrutiny recently since a federal court judge in Orlando declared the law unconstitutional, declaring that it doesn’t require prosecutors to prove a defendant’s intent in drug cases. Since that ruling, at least two circuit court judges have thrown out nearly 80 drug cases for the same reason….”
For the entire article:Supreme Court weighs Florida drug law