Opinion
No. 59085.
October 8, 1981.
Appeal from the Circuit Court, Lee County, R. Wallace Pack, J.
Jim Smith, Atty. Gen., and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellant.
W.C. McLain of Smith, Carta Ringsmuth, Fort Myers, and Samuel Robert Mandelbaum, Appellate Div. Chief, Asst. Public Defender, Tampa, for appellee.
The District Court of Appeal, Second District, has certified to this Court that its decision reported at 382 So.2d 47 is one which involves a question of great public interest. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. (1980).
On the basis of our decision in Parker v. State, No. 59,674 (Oct. 8, 1981), we find that under the provisions of section 893.13, Florida Statutes (1977), the possession of over 100 pounds of cannabis constituted a felony of the second degree.
We therefore quash the district court's decision in this cause and remand the same for resolution consistent herewith.
SUNDBERG, C.J., and BOYD, OVERTON, ALDERMAN, and McDONALD, JJ., concur.