STATE OF FLORIDA, APPELLANT,
v.
WILLIAM EUGENE BOYETTE, JR., APPELLEE
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Florida's drug trafficking statute was legislatively overruled in 2001 to eliminate the 15-milligram-per-dosage-unit threshold for hydrocodone, allowing prosecution based on total mixture weight rather than individual dosage unit content.
The drug trafficking statute applies to hydrocodone possession based on total mixture weight, not individual dosage unit content, after legislative amendment in 2001.
[1] A legislative amendment effective July 1, 2001 overruled Hayes v. …
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the drug trafficking statute did not apply to possession of hydrocodone in amounts less than 15 milligrams per dosage unit. However, this decision was legislatively overruled as of July 1, 2001.”
Court explaining the prior Hayes holding and its legislative overruling
Appellee was charged with trafficking in hydrocodone on August 23, 2003. The trial court dismissed the charge relying on Hayes v. State, which had hel…
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PER CURIAM.
The State appeals' the trial court’s order granting Appellee’s motion to dismiss the charge of trafficking in hydrocodone in violation of section 893.135(l)(e)l.c., Florida Statutes (2002). The trial court granted the motion based on the supreme court’s decision in Hayes v. State, 750 So. 2d 1 (Fla.1999), in which the court held that the drug trafficking statute did not apply to possession of hydrocodone in amounts less than 15 milligrams per dosage unit. However, this decision was legislatively overruled as of July 1, 2001. See Laws of Florida, Ch.2001-55, §§ 1, 2; see also Nottebaum v. State, 898 So. 2d 1073, 1074 (Fla. 5th DCA 2005). The information in the case before us alleges that Appellee committed the offense on August 23, 2003. Under the applicable statutes, the weight of a controlled substance is measured by the total weight of the mixture, including controlled and non-controlled substances. §§ 893.03(3)(e); 893.135(6); 893.135(7), Fla. Stat. (2003). Accordingly, the State was not required to prove that each individual dosage unit contained more than 15 milligrams of hydroco-done. We therefore reverse the trial court’s dismissal of the drug trafficking charge and remand with directions to reinstate the charge.
REVERSED and REMANDED.
ALLEN, WEBSTER and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Kathyrn Hayes v. State, 750 So. 2d 1 (Fla. 1999)
- Nottebaum v. State, 898 So. 2d 1073 (Fla. 5th DCA 2005)