State Supreme Court To Rule On Drug Law

TALLAHASSEE (AP) – Hundreds, if not thousands, of people jailed on drug charges could walk free depending on a ruling from the Florida Supreme Court.

On Tuesday the high court justices are hearing arguments in a challenge to the constitutionality of the state's drug law. The state is appealing a Manatee County judge's ruling that struck down the drug law.

Last September, Circuit Judge Scott Brownell dismissed charges against 42 defendants in 46 proceedings. Brownell ruled that the 2002 drug law violates constitutional due process requirements because it eliminated a previous requirement for prosecutors to prove defendants had a "guilty knowledge" that a substance they had sold, manufactured, delivered or possessed was illegal.

Florida is the only state that doesn't have doesn't have a guilty knowledge, or "mens rea," provision in its drug laws.

Brownell's ruling was based largely on a July decision in Orlando by U.S. District Judge Mary Scriven who also found the law unconstitutional.

"Other states have rejected such a draconian and unreasonable construction of the law," Scriven wrote.

In a friend of the court brief filed with the state Supreme Court, the Florida Prosecuting Attorneys Association argues that Scriven's ruling cannot be binding on state courts unless it's affirmed by the U.S. Supreme Court.

In Miami, Circuit Judge Milton Hirsh had tossed out several drug cases based on Scriven's ruling. The 3rd District Court of Appeal noted it rejected Hirsh's decision although it's ruling affirming the law came in a case appealed from another Miami judge.