The “Mailman” Scenario: Why a Federal Judge Finally Declared Florida’s Drug Law Unconstitutional

By: John Guidry

Yes, this day was bound to come. Chalk up a small victory for the little guy. Imagine that Chinese guy standing in front of the tank in Tiananmen Square… It’s like that.

The Problem: Florida is the only state out of 50 that has a drug law that does not require a mens rea element. In other words, the State does not have to prove you knew the drug was illegal.

• The “Mailman” Scenario: Under the laws of the other 49 sane states, a mailman who unwittingly delivers a package containing cocaine cannot be found guilty because he lacked “knowledge.”
• The Florida Reality: In Florida, that same mailman is guilty of Delivery of Cocaine the moment he hands over the package, regardless of what he knew. Crazy, huh?

Did you get arrested for a bag you didn’t know contained drugs?

Lack of knowledge is your only defense. Call John today at (407) 423-1117.

The Victory: Shelton v. Department of Corrections (2011)

In a stunning ruling, Federal Judge Mary Scriven declared Florida’s strict liability drug law (F.S. 893.13) UNCONSTITUTIONAL.

• The Case: Shelton v. Department of Corrections, 23 Fla. L. Weekly Fed. D11a (M.D. Fla. July 27, 2011).
• The Ruling: The Court held that by removing mens rea (guilty mind), Florida violated the Due Process Clause.“Florida became the only state in the nation expressly to eliminate mens rea as an element of a drug offense… The Court GRANTS Petitioner’s request for habeas relief, and finds that Fla. Stat. 893.13 is unconstitutional on its face.”

The Impact: Wow. Can you believe it? While this federal ruling isn’t automatically binding on every state court, it is highly persuasive. I have my Motions to Dismiss drafted and ready to file. This is a huge step toward forcing Florida to join the rest of the civilized world.

John’s 2026 Update: The Empire Struck Back (Adkins & Shelton II)

Note: In 2011, we had a glimmer of hope. By 2012, the State crushed it.

1. The Reversal (Shelton Overturned) The victory in Shelton was short-lived. The State appealed to the 11th Circuit Court of Appeals, which overturned Judge Scriven.

• The Ruling: The Appeals Court ruled that states have the power to define crimes however they want, even if they remove the “intent” requirement.

2. The Florida Supreme Court Speaks (State v. Adkins) The final nail in the coffin came from the Florida Supreme Court in State v. Adkins (2012).

• The Law: They upheld the constitutionality of Florida’s strict liability statute.
• The “Fix”: They ruled that while the State doesn’t have to prove you knew, you are allowed to raise an “Affirmative Defense” of Lack of Knowledge.

3. The Burden Shift (Guilty Until Proven Innocent) In 2026, the law remains Strict Liability.

• The Danger: The “Mailman” is still theoretically guilty. The difference is that now, the Mailman has the burden to go to court and prove he didn’t know.
• The Strategy: The burden has shifted from the State (to prove intent) to YOU (to prove ignorance). We win these cases by taking the stand and presenting evidence (texts, emails, witnesses) that proves you were an “unwitting mule.”

The “Blind Mule” Defense

The law might say “Strict Liability,” but juries still care about fairness. If you honestly didn’t know, we can use the Affirmative Defense to clear your name.

Call me at (407) 423-1117. Let’s prove you didn’t know.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.