In August of 2011, a Miami-Dade Circuit Court judge granted a motion dismissing 39 drug cases. These charges we mainly possession-level offenses. The judge dismissed these motions on the grounds that the statute controlling the issue (Chapter 893 of the Florida Statutes) was unconstitutional as the law did not require the state to prove that the accused had knowledge that they were in possession of an illegal substance.
Click here to read my August 2011 post regarding this story.
Many possession of cocaine, possession of cocaine with intent to sell, felony possession of marijuana, and other similar offenses were the subject of a large wave of motions to dismiss.
Just yesterday, the 3rd District Court of Appeal struck down the judge's order and reversed his ruling. It appears that for now, Florida's drug laws will remain constitutional in the eyes of our higher courts.
The 3rd DCA's order can be read here.
Eric Matheny is a criminal defense attorney representing clients charged with all levels of drug offenses in Miami-Dade and Broward.