Federal Judge Declares Florida Drug Law Unconstitutional

According to the National Association of Criminal Defense Lawyers (NACDL), a federal judge in Orlando has ruled that Florida’s strict-liability controlled substances act is unconstitutional on the ground that the law could convict an innocent person of drug distribution who unknowingly possessed, transported or delivered a controlled substance.

The case came before the federal court when the petitioner, Mackle Vincent Shelton, was convicted of delivery of a controlled substance. The jury was instructed that “to prove the crime of delivery of cocaine, the state must prove the following two elements beyond a reasonable doubt: that Mackle Vincent Shelton delivered a certain substance; and, that the substance was cocaine.” The state did not have to prove that he knew he was carrying or distributing cocaine or any controlled substance at all.

The federal court found that Florida’s drug distribution law violates due process because it “regulates inherently innocent conduct.”

It will be interesting to see how this ruling will affect not only pending drug cases, but drug cases that have been resolved where the defendants have been convicted and even sentenced to prison time.