Summary
The Florida Supreme Court held that the legislature did not intend to punish the single act of selling a controlled substance in a container as both the sale of the drug and the separate delivery of drug paraphernalia. Applying the *Carawan* analysis, the court found that while the offenses have different statutory elements, they address the same evil—the transfer of drugs—and thus a single act cannot support multiple convictions under sections 893.13 and 893.147. The court noted this holding applies to cases arising before the 1988 amendment to section 775.021(4), which subsequently clarified legislative intent to allow separate punishments for offenses with different elements.
Topics
Practice areas
Questions Presented
- Whether the Florida Legislature intended to punish, as two separate offenses, the single act of sale of a controlled substance in a container (i.e., whether the legislature intended to punish the transfer of the container as a separate offense from the transfer of the drug itself)?
Holdings
- The Florida Legislature did not intend to punish as two separate offenses the single act of sale of a controlled substance in a container when the paraphernalia is used to facilitate the sale or delivery of drugs, for offenses committed prior to July 1, 1988.
Key quotations
“Whether the Florida Legislature intended to punish, as two separate offenses, the single act of sale of a controlled substance in a container (i.e., whether the legislature intended to punish the transfer of the container as a separate offense from the transfer of the drug itself)?” (258)
“Accordingly, under Carawan, a single act cannot give rise to multiple convictions and sentences under the two sections.” (259)
“We answer the certified question in the negative as qualified above and approve the decision of the district court.” (259)
Factual background
On two occasions in 1986, McCray sold an undercover police officer a 'twenty cent piece,' i.e., twenty dollars' worth of powdered cocaine in a plastic baggie. He was charged with multiple offenses including sale of cocaine, possession of cocaine, delivery of drug paraphernalia, and conspiracy. The baggies containing the cocaine were determined to be drug paraphernalia.
Procedural history
McCray was convicted in the trial court of two counts of sale of cocaine, two counts of possession of cocaine, two counts of delivery of drug paraphernalia, and one count of conspiracy to deliver cocaine. The First District Court of Appeal affirmed except it reversed the convictions for delivery of drug paraphernalia, and certified a question to the Florida Supreme Court.