“The Whole Pill”: Why Florida Weighs the Tylenol, Not Just the Narcotic

By: John Guidry

Earlier this month, Florida’s Fifth District Court of Appeal decided a trafficking case involving Hydrocodone pills. The case, State v. Joshua Van Ens, sought to overturn Florida’s harsh sentencing scheme based on a violation of Due Process.

• The Argument: Van Ens argued that it is unfair to treat someone with 3 grams of pure powder differently than someone with 3 grams of hydrocodone mixed into 300 Tylenol pills.
• The Result: Unfortunately for those concerned with freedom, the Court denied the appeal. It ruled that Florida is allowed to weigh the entire mixture, not just the drug.

Did you get charged with Trafficking because they weighed the filler?

The scale might be your enemy, but the law has loopholes. Call John today at (407) 423-1117.

The Unfairness: Florida vs. Federal Law

In Florida, two people possessing the same amount of actual narcotic can face wildly different sentences. The Comparison:

1. Person A (Pure Powder): Possesses 3 grams of pure Hydrocodone.
   • Charge: Possession of Controlled Substance (3rd Degree Felony).
   • Sentence: Probation (likely).
2. Person B (Pills): Possesses 300 Lorcet pills (containing the same 3 grams of Hydrocodone, but mixed with Tylenol).
   • Charge: Trafficking in Hydrocodone (28 grams+).
   • Sentence: 25-Year Minimum Mandatory Prison Sentence.

Why? Because Florida weighs the entire pill. The Federal Solution: Years ago (2003), the Federal government amended its guidelines (Amendment 657) to use the actual weight of the oxycodone/hydrocodone within the tablet. They realized that punishing the Tylenol filler was irrational. Florida, however, refuses to take the hint.

John’s 2026 Update: The Shift from Hydrocodone to Fentanyl

Note: In 2014, Van Ens was fighting over Hydrocodone. In 2026, the Legislature fixed the Hydrocodone threshold, but the “Mixture Rule” is now deadly for Fentanyl defendants.

1. The “Van Ens” Fix (SB 360) Shortly after the Van Ens era, the Florida Legislature did admit the law was too harsh—but only for pills.

• The Change: They raised the Trafficking threshold for Hydrocodone from 4 grams to 14 grams.
• The Result: Today, possessing 7 Hydrocodone pills is usually just “Possession,” not Trafficking. You generally need about 20-25 pills to hit the 14-gram Trafficking mark.

2. The New Trap: Fentanyl Mixtures While they fixed the pill count, they kept the “Aggregate Weight” rule (F.S. 893.135).

• The 2026 Danger: This rule is now applied to Fentanyl.
• The Threshold: Trafficking in Fentanyl starts at just 4 Grams.
• The Reality: Dealers often mix a tiny amount of Fentanyl with a massive amount of “cut” (sugar, baking soda, etc.).
  • Scenario: If you have 0.1 grams of Fentanyl mixed with 4 grams of sugar, the State charges you for 4.1 Grams of Fentanyl Trafficking.
  • The Sentence: 3-Year Minimum Mandatory Prison Sentence.

3. Defense Strategy: “The Commingling Defense” Since we can’t argue against the weight of the mixture (thanks to Van Ens), we argue against how it was mixed.

• The Argument: If police find three separate baggies and dump them all into one pile to weigh them (Commingling), they have tampered with the evidence. We demand Independent Weighing of each individual packet to keep you under the 4-gram threshold.

Don’t Let Them Weigh the Tylenol

The State loves to inflate the charges by weighing non-narcotic fillers. Whether it’s pills or powder, we know how to challenge the math and fight the mandatory minimums.

Call me at (407) 423-1117. Let’s weigh the evidence.

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.