Criminal Defense
Since 1993
Since 1993
18 Baggies of Weed: Does That Make You a Drug Dealer?
By: John Guidry
There are plenty of bogus charges out there, and one of my favorites is Possession of a Controlled Substance with the Intent to Sell or Deliver.
In my twenty-plus years of defending criminal cases in Orlando, I’ve seen plenty of cops, judges, and prosecutors who truly do not understand the law on intent charges. Basically, a “possession with intent to sell” charge is often just a simple possession charge upgraded due to the quantity of drugs, the packaging, or the money found on the citizen.
The charge is always accompanied by the arresting officer’s “expert” opinion that the weight, packaging, and cash are “consistent with drug dealing.” But is that enough to put you away for 15 years?
Has your simple possession charge been blown out of proportion?
Don’t let an officer’s “opinion” determine your future. Call John today at (407) 423-1117.
The Legal Breakdown: Alleyne v. State
Let’s take a look at a real-life example in Alleyne v. State, 42 So. 3d 948 (Fla. 4th DCA 2010).
- The Facts: Alleyne ran when police rolled up to a convenience store. As he ran, a brown bag flew out of his hand. Inside were 18 individual plastic Ziploc baggies containing marijuana. He also had a rolled-up $20 bill and another $36 in his pocket.
- The Weight: The total weight of the 18 baggies was less than 20 grams (a misdemeanor amount).
- The “Expert” Opinion: At trial, an officer testified that the “amount that Mr. Alleyne had on his person was not for personal use, it was for drug dealing.” He claimed the packaging and the way Alleyne was standing proved he was a dealer.
The “Fruit Loops” Defense Let me tell you, testimony from a cop that drugs were “packaged consistent with drug dealing” never makes much sense because there are always two sides to a transaction.
- My kitchen is full of stuff that is packaged for sale.
- My unopened box of Fruit Loops is packaged for sale.
- Half of my pantry is packaged for sale.
That doesn’t mean I’m running a grocery store. Why can’t somebody buy 20 small baggies of weed for personal use? You can buy a case of beer, right? This so-called expert opinion is often just an excuse to enhance a 3rd-degree felony (5 years) into a 2nd-degree felony (15 years).
The “Seth Rogen” Test
How can you really tell whether someone possesses drugs for personal use versus intent to sell? Let’s use the example of Seth Rogen.
I like his movies (This is the End was awesome), but it is common knowledge that the man likes his weed. If you were to search Seth Rogen today, you might find:
- Tons of weed.
- Tons of cash.
He is a wealthy guy. Does having a large stash and lots of money make him a potential drug dealer? Would the Orlando Police Department accuse Mr. Rogen of “intent to sell” just because of his inventory?
This brings us to the reasoning of the court in Alleyne.
The Ruling: The appeals court called “bullshit” (politely) on the officer’s testimony. They overturned the conviction for Intent to Sell.
- No Sale Observed: The officer “never saw Alleyne engaged in selling marijuana and had no personal knowledge that he had ever done so.”
- Flight is Ambiguous: The court noted that running from the police is “as consistent with possession of illegal drugs as it was with the intent to sell them.”
Stop Wasting Taxpayer Money
Some judges do not think they should be deciding issues of intent at all, preferring to kick the can to the jury. This leads to a waste of taxpayer money.
In Martin v. State, 107 So. 3d 561 (Fla. 1st DCA 2013), the appeals court had to step in again to overturn a conviction for possession of cocaine with intent to sell. The lower court should have thrown the case out before it ever reached a jury.
We should not be wasting jury time and money on cases where a judge can (and should) make a preliminary ruling on the evidence. If every judge simply rubber-stamps the so-called “expert opinions” of the police, our taxpayer dollars will continue to be wasted on the largest incarceration system our planet has ever encountered.
John’s Takeaways
- Packaging Isn’t Proof: Just because your weed is in separate baggies doesn’t make you a dealer. It might just mean you bought it that way.
- Cash Isn’t Proof: Having money in your pocket is not a crime. The State needs more than just cash and drugs to prove intent to distribute.
- Demand Actual Evidence: If the officer didn’t see a sale, didn’t see you talking to customers, and didn’t find a ledger or scales, we need to file a Motion to Dismiss the “Intent” charge.
Call me at (407) 423-1117. Let’s fight the exaggeration.
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.