We Update Daily!
Custom Search
Chris S. Kenoyer. Owner MMJ Patient, Medical Activist, Online Patients Advocate, Online MMJ News Journalist
My Medical Bio
Follow Us Now On Twitter @MedicalMMJMan
Or Follow Us Now On Facebook
Email Us Here olpwebs@yahoo.com
Or Email Us Securely Here MedicalMMJMan@countermail.com NEW 100% Encrypted Email Server
OLP’s Free MMJ News EList Get The Latest In MMJ News
Press Contact Info
Is CBD? A Possible Cure For Breast Cancer..? And All The Other Many Forms & Types Of Cancer..? Learn More About CBD Here
***************************
Advertise Here On OnlinePot Rates As Low As $50 a Year 24/7 – 365 Days A Year Of Sales!
***********************************
Website Navigational Links
Main Start Page 2
**************************
Latest Marijuana News Reports
*********************************
Parody’s Cartoons US Government Grown Pot, Term Papers, School Reports, & Thesis’s On Marijuana & Cannabis *********************************
Amsterdam A to Z ********************************
Canadian Marijuana Websites *******************************
Church’s & Pot Cannabis
*****************************
Co-Ops, Clinics, Dispensary’s *****************************
Marijuana Doctors & Clinics ****************************
Pot Cooking Recipes ****************************
Drug Testing A To Z ***************************
Pot Games
****************************
Pot Songs Video’s ****************************
100’s Of Grow Guides ***************************
Hash A- Z
***************************
Cannabis Legal Info, Drug Lawyers, State, Federal Laws, State & Supreme Court Rulings **********************
POW’s Of The MMJ War!
*****************************
Other Marijuana Websites Reciprocal Link Exchange ****************************
Medical Marijuana Studies, Research Report’s, Medical Cannabis Clinic Study’s ****************************
Parody’s & Cartoons When We All Need A Good Laugh!
****************************
Avoiding Online MOM Scammers Newly Re-Updated Info! *****************************
The Politics Of Contraband Medical Marijuana In The Mail? ******************************
The Hall Of Shame Section The Online MOM Scammers *****************************
Online MOM Providers Ads ****************************
Politicians & Voters Rights ****************************
Medical Marijuana, Strains ****************************
The OG Marijuana Strain Guide ****************************
800+ FAQ Growing Questions ****************************
Patients Spiritual Guidance, Free Online Crisis Help Center ****************************
Online Marijuana Seed Banks ****************************
Maximum Security Section Just Updated! *****************************
Traveling Tips, Guides, B & B’s ****************************
Vaporizers A To Z *****************************
Online Pot Video’s & Movies **********************************************
Please Visit Both Of Our Sister Websites!
Maine Patients Coalition.org
The Reefer Madness Teaching Museum.org
Listen Right Here Online! To Original 1930-1950’s Reefer Madness Propaganda Radio Shows And Programs Before TV There Were "Radio Stars"
*********************************
Legal Disclaimer
Guest Book
Translate Text or Web Page Go To: Language Tools Google Translations
Article Submissions & News Reports Are Always Gladly Accepted Here.
No part of this site maybe used or reproduced in whole or in part without the written consent of the Copyright Owner www.onlinepot.org
OLP ENTERPRISES L3C 1999-2014 Copyright © All rights reserved
OnlinePot assumes no legal liability for any products, or information or news posted, services offered, Or any contests or give away’s offered.
|
|
FLORIDA STATE DRUG TRAFFICKING LAWS RULED UNCONSTITUTIONAL
Return To OnlinePot’s Legal Section Main Page
PANAMA CITY -Florida is the only state in America with drug trafficking laws that don’t require prosecutors to prove a defendant actually knew they were trafficking drugs, but all that could change in the wake of a ruling by a federal judge in Orlando last month.
Calling the Florida Drug Abuse Prevention and Control Act "draconian," U.S. District Court Judge Mary Scriven found the law "is unconstitutional on its face" because it imposes severe penalties without requiring evidence the defendant knew they were trafficking drugs.
State courts are not bound by Scriven’s opinion, but it’s persuasive, said Bob Jarvis, a constitutional law professor at the Shepard Broad Law Center at Nova Southeastern University. A state court judge in Miami threw out cases against 39 defendants Wednesday based on Scriven’s order, but stayed the order a week to give prosecutors a chance to appeal.
"It’s a good opinion, but it’s just one opinion," Jarvis said. "The law is still in existence; it has not been struck down."
When it comes to convicting drug trafficking suspects Florida prosecutors have it easy, Jarvis said.
In 2002, the Florida Supreme Court made a ruling that interpreted the Legislature intended for prosecutors to prove intent of suspects when it created Florida’s drug trafficking statute. Proving a defendant’s intent is a staple of American criminal law, but there are some crimes, called strict liability offenses, where intent need not be proved.
A statutory rape conviction, for instance, doesn’t hinge upon whether a defendant was aware of the age of the person he or she slept with, Jarvis said. But compared to Florida’s drug laws, which often attach lengthy mandatory minimum sentences, the penalties and stigmas associated with every other strict liability offense are mild, Jarvis said.
Prosecutors statewide got an advantage later in 2002 when, in response to the high court’s ruling, the Legislature rewrote the law, clearly stating there should be no requirement to prove intent in drug trafficking cases, but a defendant could argue a lack of intent as a valid defense.
The Legislature, in effect, took the burden of proof away from the state and put it on the defendant, according to one state court interpretation. "Taking that burden off of Florida prosecutors has really changed criminal law," Jarvis said.
"There are lots of ways to prove intent," Jarvis said. That’s why "prosecutors in 49 other states and the District of Columbia are able to put people in jail for drug trafficking."
The question for society and the Legislature, as Jarvis sees it, will be this:
"Do you think that drug crimes are so heinous that you’re willing to go against," the vast majority of criminal law?
The Legislature that changed the law in 2002 was "extremely conservative," Jarvis said, but not as conservative as the current Legislature.
Pubdate: Sat, 20 Aug 2011 Source: News Herald (Panama City, FL) Copyright: 2011 The News Herald Author: Chris Olwell, News Herald Writer
Return To OnlinePot’s Legal Section Main Page
|