Is Drug Trafficking a Crime If Drug Contains No More Than 15 Milligrams of Hydrocodone Per Dosage Unit ?

In State v. Klayman, 835 So. 2d 248 (Fla. 2002), the Court applied Fiore to hold that this Court's decision in Hayes v. State, 750 So. 2d 1 (Fla. 1999), required that any conviction of trafficking in hydrocodone be vacated, regardless of whether it was pending on appeal or final, if the drug contained no more than 15 milligrams of hydrocodone per dosage unit. Under that interpretation, the defendant in Klayman, as in Hayes, was entitled to dismissal as a matter of law because the crime of drug trafficking did not occur. See Klayman, 835 So. 2d at 251 (identifying issue as presenting a pure question of law).