Posts Tagged ‘drug statute’

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Florida Drug Offenses in a State of Uncertainty

Tuesday, October 4th, 2011

The Florida Supreme Court is one step closer to deciding on the constitutionality of Florida’s primary drug statute, 893.13.

Florida’s 2nd DCA has just certified the case up to the Florida Supreme Court in an opinion released on September 28, 2011.  (State v. Adkins, 2D11-4559)

In July of this year, a federal court in Florida held the statute to be unconstitutional. (Shelton v. Secretary, Dept. of Corrections, 23 Fla. L. Weekly Fed. D11 (M.D. Fla. July 27, 2011)). The uncertainty lies in state courts, where it is unknown if the statute will also be declared unconstitutional there as well.  If it is, it is possible that thousands of inmates will be eligible for immediate release.

The 2nd DCA realized the importance of getting this case to the Supreme Court quickly, stating:

“Until this important constitutional question is resolved by the Florida Supreme Court, prosecutions for drug offenses will be subject to great uncertainty throughout Florida.  Moreover, cases pending on appeal and on motions for postconviction relief will be subject to similar uncertainty.  It will be difficult to reach a final resolution in many of these cases until the issue is resolved.”

The issue was certified because it is one of great public importance and will have a great effect of the proper administration of justice throughout the state.

Until the Florida Supreme Court decides this case, it is likely that many drug cases proceeding through the court system will come to a standstill.

(Disclaimer: This post is not intended as legal advice nor does it create an attorney-client relationship.)

~At Matthews Law Firm, P.A., we practice criminal defense and health law.~

 

 

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