A big blow to the prosecution of drug cases in the State of Florida. A federal judge declared Florida’s drug statute unconstitutional as it lacks the element of intent. This means that thousands of drug cases could be lost throughout the State of Florida. Florida is the only state in the nation that does not require intent as an element of their drug crimes according to Criminal Defense Lawyers. For example, if a student who hides his cocaine in a friend’s backpack without telling him. The friend, having no idea cocaine is in his backpack, can be found guilty under the law even though he had no intent to possess cocaine and didn’t know it was there.
The Judge simply restored the element of intent to Florida’s drug laws. This is to ensure that innocent conduct is not punished. If you are charged with a drug offense in Florida, please contact a Ft. Lauderdale Criminal attorney to determine how this may apply to your situation.