(E)  Drug Abuse or Addiction.  The fact that a person may have distributed a small amount of marijuana does not necessarily imply that s/he used the marijuana.  The DHS therefore would not, simply by fact of the conviction, be able to demonstrate that the noncitizen was a drug abuser or addict.[239] 

[239] See § 21.10, supra.

Other

CONTROLLED SUBSTANCES " FLORIDA " STRICT-LIABILITY POSSESSION STATUTE HELD UNCONSTITUTIONAL FOR LACK OF MENS REA
Shelton v. Secretary, Department of Corrections, ___ F.Supp.2d ___ (M.D. Fla. Jul. 27, 2011) (Florida conviction of delivery of a controlled substance, in violation of Fla. Stat. 893.13, is vacated; the statute of conviction is unconstitutional on its face because it allows conviction of controlled substances on the basis of strict liability, eliminating mens rea as an element of a drug offense).