“It Was Just Sitting There”: Why Being Close to Drugs Doesn’t Mean You Own Them

By: John Guidry

I know, I know. You don’t hang out with people who have drugs. Fair enough.

But just in case you aren’t aware of this—drugs are everywhere.

Lots of people smoke weed. Lots of people use prescription meds.

• The Reality: If you are in a public place, you are likely standing near drugs right now.
• The Danger: If the police swoop in and the actual owner runs away, you might be the one left standing next to the contraband.

The Question: Can being close to a drug get you arrested?

The Answer: Yes, they will arrest you. But can they convict you? Not if we know the law.

Did police find drugs near you and assume they were yours?

Proximity is not proof. Call John today at (407) 423-1117.

The Case: G.G. v. State (The Sleeping Teen)

The case is G.G. v. State, 84 So. 3d 1164 (Fla. 2d DCA 2012).

• The Scenario: G.G. (a juvenile) ran away from home after a fight. Police found him sleeping in a public park to escape the freezing weather.
• The Discovery: About one foot away from his head, police found a drawstring pouch containing marijuana and paraphernalia.
• The Evidence: G.G. never admitted it was his. There were no fingerprints. There was no ID in the bag. Just a boy sleeping 12 inches from weed.

The Charge:

The State convicted him of Possession, arguing the drugs were within his “Ready Reach.”

The Ruling: Reach $\neq$ Control

This may be a news flash for some prosecutors, but having drugs within your ready reach is not enough to prove possession, especially in a public place.

Constructive Possession requires two elements:

1. Knowledge: You knew it was there.
2. Dominion and Control: You had the right to control it.

Why G.G. Won:

The Appeals Court overturned the conviction.

• The Public Place Rule: In a public park, anyone could have dropped that pouch. Just because G.G. was sleeping near it doesn’t mean he owned it.
• The Missing Evidence: The Court noted the State failed to prove G.G. even knew the bag was there.“The State failed to show… an admission, his fingerprints on the drugs… or the presence of other of his possessions in the bag.”

The Lesson:

To convict you for something found on the ground nearby, the State needs Independent Proof (fingerprints, confession, DNA). If they don’t have it, “Proximity” is not enough.

John’s 2026 Update: Public Camping & DNA

Note: In 2012, police just picked up the bag. In 2026, the context of “Sleeping in Public” has changed.

1. The “Public Camping” Pretext

Florida has cracked down on public camping.

• The 2026 Reality: Police use “Illegal Camping” statutes to harass anyone sleeping in a park. This gives them a valid reason to approach you.
• The Defense: However, the G.G. rule still applies. Even if your arrest for “Trespass” or “Camping” is valid, the drugs found 2 feet away on public grass cannot be pinned on you without forensic evidence.

2. Touch DNA is Cheap Now

In the article, I joked about fingerprint dust being “messy.”

• The 2026 Change: Police now use Touch DNA swabs. If they really want to nail you, they will swab the drawstring of that pouch.
• The Risk: If your DNA is on the knot, the “It’s not mine” defense is dead. But for simple misdemeanor possession, they rarely spend the budget on DNA. We use this lack of testing to argue Reasonable Doubt.

3. The Hemp Defense

• The Argument: Even if you admit the pouch is yours (don’t do that!), in 2026 we argue the substance is Legal Hemp.
• The Strategy: Unless the State sends the leafy substance to a private lab for quantitative testing (which is expensive), they cannot prove it is illegal Marijuana vs. legal CBD flower. We move to dismiss based on lack of chemical proof.

Don’t Claim What Isn’t Yours

If you are stopped in a public place and police find something on the ground nearby, say nothing. Do not pick it up. Do not look at it. Let them bag it, and let me argue that it belonged to the guy who ran away.

Call me at (407) 423-1117. Let’s create some distance.

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.