Pass the Dutchie? (Is “Sharing” Drugs Actually a Crime?)

By: John Guidry

Remember the old song, “Pass the Dutchie on the left hand side?” The term “dutchie” refers to a Dutch Master cigar, modified into a blunt by replacing the tobacco with marijuana.

So, are you guilty of Possession of Cannabis (or Sale of Cannabis) for merely passing it to a friend? Believe it or not, our Florida courts have addressed this issue—though sadly, not with actual Dutch Master blunts.

Did the police arrest you just for handing something to a friend?

Being a “middleman” isn’t always a crime. Call John today at (407) 423-1117.

The Case: Hamilton v. State (The Man in the Middle)

In the case of Hamilton v. State, 732 So. 2d 493 (Fla. 2d DCA 1999), detectives arranged a drug deal in a supermarket parking lot.

• The Scene: A dealer drove a pickup truck. Hamilton was sitting in the passenger seat.
• The Hand-Off: The buyer (informant) asked the driver for the “stuff.” The driver handed a baggie of cocaine to Hamilton (the passenger), who then handed it to the buyer.
• The Money: The buyer handed cash to Hamilton, who immediately handed it to the driver.

The Charge: Hamilton was convicted of Sale and Delivery of Cocaine because he physically handled the drugs and the money.

The Defense: “Transitory Possession”

So, back to our song: Is the mere passing of drugs a crime here in Orlando? According to the Hamilton court, No.

The Appellate Court overthrown Hamilton’s conviction. They held that the mere fact that Hamilton passed the cocaine from one party to another did not establish that he had dominion and control over it. He was just a temporary conduit.

The “Testing” Rule (Campbell v. State) The court relied on Campbell v. State, 577 So. 2d 932 (Fla. 1991), which held that “dominion and control” is not established when a defendant takes temporary possession of contraband for the sole purpose of verification or testing.

• If you hold a joint just to smell it, or pass a baggie from the driver to the window, you never really “owned” or “controlled” the drugs.

Because there was no evidence Hamilton profited from the deal or controlled the stash, he was not guilty of possession or sale.

John’s 2026 Update: The Fentanyl “Murder” Trap

Note: While Hamilton is still the law, the stakes for “passing” drugs have changed drastically.

1. Recreational Marijuana is Still Illegal As you likely know, Amendment 3 failed to pass in November 2024. That means in 2026, passing a “dutchie” is still a crime in Florida unless you are a registered Medical Marijuana patient.

• The Risk: Police still arrest people for “Delivery of Cannabis” (a felony) if they see you passing a joint in a parked car. We use Hamilton to try to get these charges dropped, arguing it was just “social sharing” and not a true delivery.

2. The Deadliest Risk: Drug-Induced Homicide The biggest change since the Hamilton days is Fentanyl.

• In 2026, if you “pass the dutchie” (or a pill, or a baggie) to a friend, and that item is laced with Fentanyl, and your friend dies… You can be charged with First Degree Murder.
• Florida prosecutors are aggressively using the Drug-Induced Homicide statute. It does not matter if you were just “sharing” or “passing it along” like Hamilton. If you provided the drug that caused the death, you face life in prison.

3. The “Venmo” Paper Trail In Hamilton, the cash was handed over physically. Today, friends often Venmo each other for “pizza” or “gas” to cover the cost of drugs.

• Warning: That Venmo transaction destroys the Hamilton defense. It proves you were not just a “conduit”—it proves you were a financial participant in the sale.

Just the Middleman?

If you have been charged with Sale or Delivery because you were sitting in the wrong seat or handing something to a friend, do not plead guilty. We can argue you never had “Dominion and Control.”

Call me at (407) 423-1117. Let’s look at the facts.

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.