Bruce Lee, MacGyver, and the “Wrong Charge” Defense

By: John Guidry

When I was in middle school, my friends and I had some important debates. Middle school is that age when you’re not quite ready (nor qualified) to talk about girls and cars, so our discussions centered around BMX bikes, video games, and Bruce Lee. The debates started something like this: “I wonder if Bruce Lee could kill someone with a piece of paper. I bet he could take you out with a paper clip.” We were in such awe of Lee that we assumed just about any household item would qualify as a deadly weapon in his hands.

By the same reasoning, there are drug addicts out there who could take these same household items and transform them into smoking devices. You haven’t seen creativity until you’ve witnessed an addict scramble to find something to smoke with. The genius buried deep inside most folks comes out to play as the cravings intensify. (How many Pink Floyd albums would we have without psychedelics? Just saying).

The Legal Point: When someone uses creativity to turn a soda can into a pipe, that item becomes “Drug Paraphernalia.”

Did the prosecutor charge you with “Using” a baggie instead of “Storing” it?

The details matter. Call John today at (407) 423-1117.

The Statute: Storage vs. Usage (Pay Attention!)

Before we get to the case, I have to bore you with some legal blibber-blabber. Pay attention, this will be on the test. Florida Statute 893.147(1) makes it a crime to possess paraphernalia, but it has two distinct parts:

• Subsection (1)(a): Makes it a crime to possess items designed to process, pack, store, or conceal a drug (e.g., baggies, scales, safes).
• Subsection (1)(b): Makes it a crime to possess items designed to inject, ingest, or inhale a drug (e.g., bongs, pipes, needles).

The difference: If you are holding a baggie, you are storing (a). If you are holding a pipe, you are inhaling (b).

The Case: J.V. v. State (The Wrong Subsection)

In J.V. v. State, 221 So. 3d 689 (Fla. 4th DCA 2017), a routine traffic stop led to a search.

• The Discovery: Police found heroin and cocaine hidden inside a cellophane wrapper, which was tucked inside a plastic baggie.
• The Charge: The prosecutor charged J.V. with two counts of Paraphernalia under Subsection (1)(b).

The Problem: J.V. was charged with possessing items used to “inject, ingest, or inhale” drugs.

• Was he caught with a needle? No.
• Was he caught with a pipe? No.
• He was caught with wrappers and baggies.

You cannot “inhale” drugs with a plastic baggie (unless you are extremely talented). Baggies are for storage, which is Subsection (1)(a). The prosecutor charged the wrong crime.

The Ruling: Details Matter

The Appeals Court recognized the error and threw out both convictions. This is what we call winning on a technicality, and it is my favorite type of win.

• The Logic: A defendant cannot be prosecuted for an uncharged offense. Even though (a) and (b) are similar, they are different crimes.
• The Result: Because the State charged him with “Usage” tools but proved he had “Storage” tools, the conviction violated Due Process.

John’s 2026 Update: Fentanyl Test Strips & Residue

Note: In 2017, baggies were just plastic. In 2026, the dust inside them can kill you.

1. Fentanyl Test Strips are (Finally) Legal For years, Fentanyl Test Strips were considered illegal paraphernalia under Subsection (1)(a) because they were used to “test” or “analyze” drugs.

• The Change: As of July 1, 2023, Florida decriminalized these strips to prevent overdoses.
• The Defense: If an officer arrests you for having test strips, they are following old laws. We get those charges dismissed immediately.

2. The “Residue” Trafficking Trap In J.V., the baggie was paraphernalia. In 2026, if that baggie has Fentanyl dust inside, the State often weighs the entire bag and charges you with Trafficking (4 grams = 7 years prison).

• The Fight: We argue that a dirty baggie is Paraphernalia (a misdemeanor), not Trafficking (a felony). We demand the lab scrape the dust out and weigh only the drug, not the plastic.

3. Digital “Intent to Use” Paraphernalia charges often hinge on “Intent.” A spoon is just a spoon… unless you use it for heroin.

• Modern Evidence: Prosecutors now pull your text messages to prove the spoon was for drugs. If you texted “I need a rig,” that spoon becomes a felony tool. We fight to keep your phone private.

Don’t Let Them Be Lazy

If the prosecutor is too lazy to read the statute and charge you with the correct subsection, you shouldn’t have to pay the price.

Call me at (407) 423-1117. Let’s check their work.

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.