Stetson Law professor Michael Allen discusses upcoming state Supreme Court challenge of Florida's drug possession law12/02/11 Lisa Marzilli, Beth Bell
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The state Supreme Court will hear oral arguments December 6th, on a case involving Florida’s Drug Abuse Prevention and Control law. According to the Florida Department of Corrections nearly 94,000 people have been sent to state prisons for drug crimes since the beginning of 2002, most of them convicted under that law.
Florida is the only state in the country that does not have a mens rea or "guilty knowledge" provision in its drug law; it was stripped from the statute by the Florida Legislature in 2002. Now it’s up to the High Court to decide whether or not the law violates the Constitution. If it is overturned it has the potential to free hundreds and possibly thousands of people. Here to to talk about this is Stetson University Law professor Michael Allen.