Florida's Prove Yourself Innocent Absurdity: Florida's Prescription Drug Affirmative Defense

Abstract

Very little guidance is available to the practitioner for navigating Florida's Jury instruction 3.6(n) dealing with the affirmative defense of prescription drug. This article attempts to remedy that deficiency by proposing a useful framework by which trial courts and criminal law practitioners can understand and apply the seemingly contradictory instructions contained in 3.6(n).

Keywords: prescription, jury instruction, Florida, 3.6(n), affirmative defense, Florida criminal law

JEL Classification: K14, K41