In a recent Florida First District Court of Appeals decision evaluating a case from Escambia County Florida, the appellate court found brought home the draconian results of a long standing law that the mere possession of a drug that weighs over a certain threshold amount is considered to be “trafficking” under Florida law without any evidence the possessor of the drug intended to sell or distribute the drug. Florida may be the only state in the nation having laws that define mere possession of a set weight of drug without any evidence of distribution other than the mere possession of the drug is “trafficking.” If anyone is convicted of a possessing a “trafficking” quantity of narcotics results in that person is subject to a “minimum mandatory” Florida state prison sentence.
In Brown v. State, 1D13-2540 (Fla. 1st DCA Sept. 10, 2014), the appellate court decided that because Ms. Brown possessed more than 28 grams of cocaine, the fact that the trial court allowed the narcotics officer to testify about a separate quantity of “white powder like substance” was consistent with cocaine, that the prosecution proved she possessed a separate quantity of lab tested cocaine in excess of 28 grams of cocaine the admission into evidence of testimony about the “white powdery substance consistent was consistent with cocaine,” without any lab testing of that substance, was not relevant to ultimate issue that Ms. Brown possessed the lab tested excess of 28 grams of cocaine; hence, the case should not be reversed.
The mere possession of a threshold quantity of other drugs such as hydrocodone(lortabs), marijuana, Oxycontin, percocet and other controlled substances is considered trafficking and hence requires a minimum mandatory state prison sentence under Florida law. (Different threshold amounts apply to each drug, e.g. 25 pounds or more of marijuana requires a three year minimum mandatory; 28 grams or more of cocaine results in a three year minimum mandatory Florida state prison sentence).
The issue I have with this decision is did the prejudicial erroneous admission of the testimony of the other “white powdery substance consistent with it being cocaine” outweigh any probative value and how did the admission of this testimony prejudice the jury to conclude the actual lab tested cocaine Ms. Brown allegedly possessed was in excess of 28 grams?