When “Righteous” Cops Get It Wrong: Why 8 Rocks of Cocaine Isn’t Drug Dealing

By: John Guidry

People love being righteous, don’t they? If we set up a cage match between righteousness and truth, people much prefer righteousness. We defense attorneys read tons of arrest reports where police officers are 100% convinced that a defendant is dealing drugs, driving drunk, or you-name-it. But often, the entire crime is just the officer’s opinion.

Our real-life case for today involves several officers who were righteously convinced that someone was a drug dealer—without having any evidence to back it up.

Did the police charge you with “Intent to Sell” just because you had a personal stash?

Don’t let them triple your sentence. Call John today at (407) 423-1117.

The Case: McFarlane v. State (The 8-Rock Kingpin)

McFarlane was stopped for one of the most common crimes in Florida: Driving While License Suspended. (Pro Tip: If you don’t have a valid license, don’t drive a car registered to you. Police run tags for fun).

The Search: Police found a small box in his pocket containing:

• 8 Rocks of Cocaine.
• A small amount of Methamphetamine.
• $42 in cash.

In my 25 years of defending criminal cases, 8 rocks of cocaine is Simple Possession (3rd Degree Felony, max 5 years). Spoiler Alert: McFarlane got 8 years in prison.

How? The police charged him with Possession with Intent to Sell or Deliver (2nd Degree Felony, max 15 years). By adding “Intent to Sell,” they tripled the severity of the crime.

The “Expert” Testimony

At trial, three separate officers took the stand. Like clockwork, all three opined that “based on their experience,” 8 rocks of cocaine were “indicative of distribution.”

• The Reality: There were no baggies. No scales. No large wads of cash. Just 8 rocks and $42.

The jury believed the “righteous” officers and convicted him.

The Ruling: Opinions Are Not Evidence

The Appellate Court looked at the evidence and reversed the conviction. They reduced the charge from “Intent to Sell” back to “Simple Possession.”

Why? Proving intent is easy when you have “Miami Vice” amounts of drugs (kilos). But with small amounts, the State needs more than just the drugs. The Court cited the rule from Lesane v. State:

“In cases where small amounts of narcotics are found, courts generally require other proof of suspicious circumstances, drug paraphernalia available, or other evidence which circumstantially would indicate intent to sell.”

What was missing in McFarlane’s case?

• He didn’t have large amounts of money.
• He didn’t have a gun.
• He didn’t have scales or baggies.
• Police never saw him sell anything.

Without “other proof,” 8 rocks is just a personal stash, no matter what three officers say.

John’s 2026 Update: The “Digital Intent” Trap

Note: In 2018, the police failed because McFarlane only had $42 cash. In 2026, they don’t look for cash; they look at your phone.

1. The Venmo/CashApp Evidence In 2026, physical cash is rare. Dealers use apps.

• The Trap: Even if you only have 8 rocks and $0 in your pocket, if the police subpoena your CashApp history and see 10 incoming payments of $20 with emojis like “❄️” or “🔥”, the McFarlane defense fails.
• The Reality: That digital ledger serves as the “other proof” of suspicious circumstances the court was looking for.

2. The Fentanyl “Intent” Irrelevance While McFarlane was about cocaine, in 2026, the main threat is Fentanyl.

• Trafficking Threshold: It only takes 4 grams of Fentanyl (about 4 sugar packets) to hit “Trafficking” status.
• Why it matters: In Trafficking cases, the State does not need to prove Intent to Sell. Possession of the weight is the crime. The “8 rocks” argument doesn’t save you if those rocks contain Fentanyl.

3. AI Analysis of Body Cams We now use AI software to scan body cam transcripts across thousands of cases.

• The Strategy: If Officer Smith testified in McFarlane that “8 rocks is dealing,” but testified in another case that “8 rocks is personal use,” we use those conflicting transcripts to impeach his credibility. We hold the “righteous” officers accountable with their own words.

Simple Possession Should Stay Simple

If the State is trying to upgrade your addiction into a distribution enterprise just to put you in prison for longer, we need to fight back with the facts.

Call me at (407) 423-1117. Let’s force them to prove it.

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.