On July 26, 2011 United States District Judge Mary Scriven issued an order declaring FLA. STAT. §893.13 unconstitutional on its face due to lack of knowledge requirement which was deleted by the Florida legislature in 2002. This ruling is binding on federal courts but not at the state court level. Now Florida’s 2nd District Court of Appeal issued an order asking the Florida Supreme Court immediately resolve this issue.
If the Florida Supreme Court were to agree with Judge Scriven thousands of convictions are at stake at being overturned. According to this article from the St. Petersburg Times this drastic step has only happened a dozen or so times in the past 31 years. According to critics the current statute punishes those who inadvertently and unintentionally possess or deliver a controlled substance.