Gregory Gun v. State of Florida

I write separately to respectfully dissent because no error could be more fundamental than to send a citizen to prison for committing an act that is not a crime. The defendant’s violation affidavit stated that he violated his probation by “committing the criminal offense of I. Possession of Synthetic Marijuana on 5/28/2103.” (Emphasis added.) There is no such criminal offense. Certainly possession of some chemical compounds that may be found in some synthetic cannabinoids is prohibited by law. However, there is no law in this state criminalizing the possession of any and all synthetic…