How a Ziploc Bag Becomes Drug Paraphernalia in Florida

By: John Guidry II

If you’ve been charged with possession of drug paraphernalia, you might be confused. The case against you likely involves a perfectly legal household item—a Ziploc baggie, a digital kitchen scale, or even a glass pipe. So how can owning something legal result in a criminal record?

The answer is that the case isn’t about the item itself; it’s about how the prosecutor can legally link that item to the use or sale of illegal drugs.

Charged with Paraphernalia in Central Florida? Don’t let the prosecutor turn a common household item into a criminal record. Call my office to discuss the evidence and how we can build your defense. Call John Guidry: (407) 423-1117

How Prosecutors Turn Legal Items into Illegal Paraphernalia

For a prosecutor to prove that a legal item is paraphernalia, they must present evidence that connects it to illicit drug activity. Here are the five most common ways they do this:

1. The Presence of Drug Residue: This is the most direct method. If a plastic baggie contains white powder residue or a digital scale has marijuana “shake” or seeds on it, that residue can transform the legal item into illegal paraphernalia.
2. Proximity to Drugs: If an otherwise legal item is found in the same container or immediate area as a controlled substance, the prosecutor will argue it was being used in conjunction with those drugs.
3. Context and Circumstances: The overall picture matters. Possessing one or two empty Ziploc baggies is normal. Possessing a box of 100 tiny baggies next to a digital scale and a large roll of cash paints a very different picture for a judge or jury—one that suggests drug sales.
4. Forensic Testing: Though less common for misdemeanors, police can swab the surface of an item like a digital scale and have it tested for microscopic, invisible drug residue.
5. Your Own Confession: A simple admission can be all the proof a prosecutor needs. If you tell an officer, “I use those baggies for my weed,” you have just admitted to the central element of the crime.

How We Fight These Charges

Just because the State makes an accusation doesn’t mean they can prove it. A strong defense involves challenging these very links. We can argue that you had no knowledge of the item’s illicit use (for example, if it was found in a car you borrowed), that the residue is from a legal substance, or that the items were found in a common area accessible to multiple people.

I’m John Guidry, and if you’re facing a possession of drug paraphernalia charge in Central Florida, give me a call. I’ve been defending clients against these exact allegations since 1993, and I know how to attack the weaknesses in the prosecutor’s case. Let’s see if we can help you out.

For those who prefer watching to reading, I break down some crucial drug paraphernalia advice in my video Drug Paraphernalia Explained: Why That Baggie Can Lead to a Separate Charge. Please check it out!

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.