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SAY NO TO MIN/MANS

By JAABLOG

Another Satzian overreach is poised to make drug trafficking case law.  As with the doctor shopping prescription cases currently before the Fourth DCA, the "mixture" line of cases will surely be reviewed shortly by the appellate court, courtesy of an Order signed by Carlos Rodriguez yesterday declaring Florida Statute 893.135(1)(b) UNCONSTITUTIONAL. The background of the litigation finds our beloved SAO seeking minimum mandatory prison sanctions against a Defendant for possessing a mixture of substances that are 99.565% legal.  The total mixture contained .435% cocaine, or roughly a quarter of a gram within a total weight of 55.9 grams.  The cocaine, as mixed, could not produce any effect on a user, and did not Valtox positive...continue to full post

Full post as published by JAABlog on February 08, 2011 (boomark / email).