The Eleventh Circuit has determined that a Florida drug statute criminalizing the possession, sale, purchase, manufacture, delivery, or bringing into the state certain controlled substances to be both overbroad and indivisible when compared to the definition of a drug trafficking aggravated felony.  The least of the acts it criminalized—mere possession of a listed narcotic—is not a felony under the Controlled Substances Act (CSA).  The court further determined that the various acts criminalized under the statute are alternative means, and not alternative elements, because a jury need not determine which of the six acts was involved in order to convict a defendant.

The full text of Cintron v. Attorney General can be found here: 

http://media.ca11.uscourts.gov/opinions/pub/files/201512344.pdf

Comment