State of Florida v. Adkins
Judge: Canady
Areas of Law: Constitutional Law, Criminal Law
Section 893.13 of the
Florida Comprehensive Drug Abuse Prevention and Control Act, provided
that “it is unlawful for any person to sell, manufacture, or deliver,
or possess with intent to sell, manufacture, or deliver, a controlled
substance… or … to be in actual or constructive possession of a
controlled substance.” The law did not specify the mental state
required for conviction. In prior decisions, the Florida Supreme Court
determined that knowledge of the presence of the substance and knowledge
of the illicit nature of the substance were required. In response, the
Legislature, in 2011, stated that the decisions were contrary to
legislative intent. “The Legislature finds that knowledge of the illicit
nature of a controlled substance is not an element of any offense under
this chapter. Lack of knowledge of the illicit nature of a controlled
substance is an affirmative defense.” The statute does not eliminate
the element of knowledge of the presence of the substance. Since the
enactment, each court of appeal has ruled that the statute does not
violate requirements of due process. The U.S. District Court (M.D. Fla.)
concluded, however, that it is unconstitutional. Based on that
decision, a trial court dismissed a case under the Act. The Florida
Supreme Court reversed.
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