“No Good Deed Goes Unpunished”: Why Throwing Away Your Roommate’s Drugs Can Get You Arrested

By: John Guidry

Doing the right thing is tough. Say, for example, you find out your roommate is stashing drugs in your shared apartment.

• The Dilemma: If the police raid the house, everyone gets charged (Constructive Possession).
• The Solution: You decide to be the “good guy” and throw the drugs in the trash.
• The Risk: What if the police catch you walking to the trash can?

Lucky for you, we have a real-life example of just such a case. And spoiler alert: It didn’t end well.

Did you get arrested for holding drugs you were trying to get rid of?

Intent matters. Call John today at (407) 423-1117.

The Defense: “Temporary Possession for Legal Disposition”

Florida law is actually very clear on this. You are allowed to briefly possess drugs if your only intent is to get rid of them legally. There are three valid ways to do this:

1. Throw it away.
2. Destroy it.
3. Turn it over to the police.

The “Good” Case: Stanton v. State In Stanton v. State, 746 So. 2d 1229 (Fla. 3d DCA 1999), a man approached an officer and handed him crack cocaine, saying he wanted to turn it in.

• The Result: Conviction overturned. The court ruled that handing drugs to the police is a valid legal disposition. He was doing the right thing.

The “Bad” Case: Robinson v. State (The Trash Can Trap)

So, if Stanton says you can give it to the cops, surely you can just throw it in the trash, right? Wrong. In Robinson v. State, 57 So. 3d 278 (Fla. 4th DCA 2011), Robinson was seen exiting his parents’ house at 3 a.m. with a bag hidden under his shirt.

• The Act: He looked around carefully, removed a trash bag from the can, placed his hidden bag inside, and put the trash bag back on top.
• The Verdict: Guilty.

Why Robinson Lost: The Appeals Court upheld the conviction.

• The Logic: The court reasoned that a trash can isn’t necessarily “disposal.” It could be a “Temporary Hiding Place” or a “Prearranged Drop-off Spot” for a buyer.
• The Lesson: Because the drugs were retrievable (sitting in a can), the court refused to believe he was “abandoning” them.

Essentially, the 4th DCA decided that the “Temporary Possession” defense only works if you destroy the drugs or give them to a cop. If you put them in a bin where you could get them back, they assume you are a dealer hiding his stash.

John’s 2026 Update: Ring Cameras & The Hemp Defense

Note: In 2011, the court had to guess Robinson’s intent. In 2026, we have video.

1. The Ring Camera Defense In Robinson, the court speculated that he might have been hiding the drugs to retrieve later.

• The 2026 Reality: Today, almost every driveway has a Ring camera or similar surveillance.
• The Strategy: We pull the footage. If the video shows you throwing the bag in the bin and never returning to it, or dragging the bin to the curb for pickup, we have proof of Abandonment. We use the video to disprove the “Hiding Place” theory.

2. The “Hemp” in the Trash In 2011, green plants in a bag meant Marijuana.

• The 2026 Change: Since the 2019 Hemp Bill, “Green Leafy Substance” is not automatically illegal.
• The Defense: If the police pull the bag from the trash, they must test the THC Concentration. If the weed is mixed with coffee grounds, old food, or sludge (because it was in the trash), the lab often cannot get a valid sample for quantitative testing. If they can’t prove the THC % is above 0.3%, the case gets tossed.

3. “Trash Pulls” are Still Legal Police still use “Trash Pulls” as their #1 method to get search warrants for houses.

• The Warning: Once you drag that bin to the curb, it is “Abandoned Property.” The police can (and will) dig through it without a warrant. If you are throwing away anything sensitive, do not put it in the curb-side bin.

The Lesson: Destroy, Don’t Hide

If you find contraband and want to get rid of it, Robinson teaches us that the trash can is dangerous. The court views a trash can as a “hiding spot.” If you truly want to use the Temporary Possession Defense, the disposal must be final—like a toilet or a police station—not a plastic bin in the driveway.

Call me at (407) 423-1117. Let’s discuss your intent.

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.