The Prescription Trap: When Your Medicine Becomes a “Trafficking” Charge

By: John Guidry

Here in Orlando, possession of oxycodone arrests are as popular as crack used to be back in the day. The hunt for “pill poppers” is our very own modern-day witch hunt (right alongside the way sex offenders are hunted). Often, undercover cops—especially in Seminole County—will camp out in the parking lots of CVS or Walgreens, just waiting for someone they think is selling or delivering pills in public.

It’s “insane” how quickly a few pills can turn into a minimum mandatory prison sentence for trafficking. But there is some good news from the 5th District Court of Appeals (the court that covers Orange, Seminole, and Volusia) that reminds everyone: just because a cop thinks you’re a dealer doesn’t mean the State can prove it.

Caught with your own prescription pills but facing “intent to sell” or “trafficking” charges? Don’t let a “suspicious” conversation lead to prison. Call John Guidry today at (407) 423-1117.

The Case Study: Celeste v. State of Florida

In Celeste v. State, 79 So. 3d 898 (Fla. 5th DCA 2012), we see a “typical script” of overzealous police work. Celeste was caught with 48 oxycodone pills. He actually had a valid monthly prescription for 180 pills, which the State even admitted was real. So, why was he facing trafficking charges?

• The “Suspicion”: Cops on a bike patrol saw Celeste talking to a person at a gas pump. They assumed a drug deal was happening (great police work, right?). When they approached, Celeste put something in his pocket.
• The Search: Police found 28 pills in an unlabeled bottle, 20 pills in a plastic wrapper, $260 in cash (all $20 bills), and a list of names and phone numbers.
• The “Blabbing”: The officers were convinced that because the pills were repackaged and he had cash and a “ledger,” he must be selling or delivering them.

The Orange County trial judge let the case go to a jury, and Celeste was convicted. But the 5th DCA stepped in to strike down that verdict.

Why “Intent” Isn’t Enough for a Sale or Delivery Charge

The appeals court noted a massive failure of proof. To convict someone of trafficking via “sale” or “delivery,” the State has to prove an actual sale or delivery occurred—not just that the person intended to do it.

Since when is it illegal to carry $260 in cash? Since when is it illegal to repackage your own medicine for convenience? It isn’t. The court ruled that the motion for Judgment of Acquittal should have been granted because the State couldn’t prove a single pill changed hands.

John’s Takeaways

• The Prescription Defense: Under Florida Statute § 893.13(6)(a), having a valid prescription is a complete defense to a possession charge.
• Trafficking Weight: In 2025, oxycodone trafficking starts at just 7 grams. Depending on the dosage, that could be as few as 15–20 pills. If the weight hits 7 grams, you are facing a 3-year minimum mandatory prison sentence.
• The “Sale/Delivery” Trap: If you have a prescription, the State will try to pivot to “Sale” or “Delivery” charges because they know they can’t win on simple possession. But as the Celeste case shows, they need more than a “hunch” and a “ledger” to prove a sale.
• Repackaging is Not a Crime: While it’s always smarter to keep your pills in the original bottle, moving them to a daily pill organizer or a plastic wrap for travel is not evidence of a crime.
• Failure of Proof: If no undercover officer or “confidential informant” actually bought a pill from you, the State has a very hard time proving “delivery.”

The justice system is harsh, and it is a “sad but true” fact that prosecutors will try to turn a legal patient into a “trafficker” just to hit their numbers. I’ve been defending the citizens of Central Florida since 1993, and I know how to expose these “witch hunt” tactics for what they are.

Whether you’re in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, your prescription is your shield. If the cops are trying to take it away, give me a call. Let’s make the State carry their burden of proof.

Facing trafficking charges? Call John at (407) 423-1117.

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.