U.S. District Judge Mary Scriven of Orlando issued a ruling Wednesday that struck down the state's Drug Abuse Prevention and Control law, saying it violates due process because it doesn't require that prosecutors prove that a person knew he or she possessed illegal drugs.In other words, under existing Florida law all that had to be proven was simply possession not actual knowledge by a person that they knew they possessed illegal drugs. This knowledge requirement or Mens Rea is required in every other state in the country and under federal law. Judge Scriven's ruling is an attempt to get Florida law in conformity with all other jurisdictions in the United States.
Saturday, July 30, 2011
Florida Drug Law Unconstitutional says, Federal Judge
A Federal Judge in Florida has declared that state's drug law unconstitutional. The St. Petersberg Times reports here that: