Today, the Second District Court of Appeal certified the issue of whether Florida’s drug law is unconstitutional to the Florida Supreme Court. You may recall that in July 2011, a Federal judge ruled that Florida’s drug possession law is facially unconstitutional.
The Second DCA wrote:
Until this important constitutional question is resolved by the Florida Supreme Court, prosecutions for drug offenses will be subject to great uncertainty throughout Florida. Moreover, cases pending on appeal and on motions for postconviction relief will be subject to similar uncertainty. It will be difficult to reach a final resolution in many of these cases until the issue is resolved. Finally, if the ruling in this order is ultimately affirmed by the supreme court, it is possible that hundreds or even thousands of inmates will be eligible for immediate release.
It appears now that the issue originally raised by Federal Judge Scriven in Shelton will be decided once and for all by the Florida Supreme Court.
Here is the opinion in State v. Adkins et al, decided September 28, 2011: