On July 27, 2011, the Federal District Court for the Middle District in Orlando, Florida decided the case of Shelton v. State of Florida, Dept. of Corrections. The Court ruled that Florida's criminal laws prohibiting the sale, delivery, manufacture or possession of controlled substances, were unconstitutional.
Why Florida's Felony Drug Laws Were Found Unconstitutional
The Court criticized the Florida Legislature's elimination of the requirement in Florida Statute Statute 893.13, that the State Attorney's Office prove the accused's knowledge of the illegal nature of the substance in drug prosecutions. For example, if the prosecutor did not have to prove that the defendant knew the contraband he was possessing was illegal, the following unjust scenarios could occur:
1. The luggage handler at the airport who unknowingly moves a bag containing cocaine onto the belt, would be guilty of possession or delivery of the drug;
2. The mailman who unknowingly delivers a wrapped package containing oxycodone pills would be subject to a felony arrest;
3. The custodian or janitor of a school who unknowingly picks up a student's backpack containing xanax tablets would be criminally liable;
4. The truck driver who unknowingly hauls a shipping container that holds over 20 grams of marijuana would be setting himself up for arrest and prosecution.
Florida: The Odd Man Out
The Court found that Florida is the only state in the country where felony possession of a controlled substance or illegal drug is a “strict liability crime.” It is important to note that “strict liability crimes” do not always violate constitutional due process protections. However, the Court ruled that the significant penalties associated with Florida's felony drug charges require that the State show “intent” to commit the crime, rather than the plain fact of sale, delivery, manufacture or possession of the drug in order for the law to pass constitutional muster.
Some Media Outlets Simply Got It Wrong
Contrary to some media reports, the Shelton case does not force the police to stop making drug arrests or prohibit the State Attorney’s Office from attempting to prosecute felony drug offenses. Rather, it simply provides an avenue for criminal defense attorneys to attack the drug charge their client is facing.
How This Court Decision Could Help
Although the Federal ruling in Shelton is not outright “binding” on Florida judges, the reasoning, rationale and ruling could be highly persuasive to our local Pinellas county criminal court judges. Shelton allows an attack on the constitutionality of the Florida controlled substance statute, whether the question of knowledge is present in a particular case or not. In other words, Florida's drug laws are arguably outright unconstitutional on their face and the the Pinellas judge need not even visit the question of whether the accused knew the contraband was illegal.
As a result, we believe that a motion to dismiss based on this decision is a viable and attractive strategy for defending any of our clients who are facing a Pinellas felony drug charge. The reasoning in Shelton may even be applicable to drug trafficking charges that otherwise carry significant minimum mandatory prison sentences.
Recently, on August 17, 2011 Circuit Judge Milton Hirsch entered an order of dismissal with respect to 39 Florida drug cases pending in Miami-Dade county. The Miami court followed the reasoning of the federal court decision. This development now provides additional persuasive arguments for the Pinellas court to follow the precedent of the federal court decision in Shelton.
Have You or a Relative Been Arrested for a Drug Offense?
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Related Links:
Fox News Video - Judge Rules Florida Drug Law Unconstitutional
Understanding Florida's Drug Trafficking Law
Understanding Florida's Prescription Fraud Law
Understanding Florida's Doctor Shopping Law
Understanding Florida's Prescription Drug Database
Understanding How Pinellas County's Drug Court Works
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