An administrative order sets down new rules for drugs entered into evidence in the Ninth Judicial Circuit.

  • Ninth Judicial Circuit to operate under new rules for drugs
  • Rules target how high-potency narcotics are handled in court

Chief Judge Frederick Lauten specifically is targeting high-potency narcotics like fentanyl, carfentanil, remifentanil, alfentanil, sufentanil and others.

Lauten said currently when a drug case goes to trial, the drugs entered as evidence are often brought into the courtroom as part of the case.

“If the state of Florida possesses narcotics, they have to introduce them into evidence. And so for years, bags of cocaine, bags of methacalon, meth, crystal meth, heroine, are introduced into evidence,” said Lauten.

The one exception is marijuana.

But the handling of those more toxic drugs in court, prompted Lauten to think about the safety of those handling the evidence.

“Because you want the jury actively involved in looking at evidence. But with this evidence, we wouldn’t want it to injure or result in a juror becoming ill because they touched it. Same thing for the clerk,” said Lauten. 

Under the new administrative order, lawyers wanting to use evidence classified as high potency drug by a lab must now file a notice at least five days prior to a pre-trial hearing.

The court will also now conduct pre-trial hearing about the drug evidence to determine how it will be shown or displayed in court.

And finally, if the court deems the drugs will be brought into the courthouse, all of those drugs now have a new way of being bagged and sealed, so that no danger can come to those handling it.

“It’s a little bit of a new era in that way in terms of fentanyl and carfentanil,” said Lauten.