How to Beat a Possession of Drug Paraphernalia Case

By: John Guidry II

There are lots of ways to beat a drug paraphernalia case, but today we’re going to focus on a common attack, that’s the “knowledge element.” After all, the crime of possession of drug paraphernalia involves perfectly legal items. I’ve seen paraphernalia cases involving common kitchen items, like ziplock plastic baggies, for example.

If a small baggie once had cocaine in it and now its empty–but for a white powder residue–that baggie constitutes the misdemeanor crime of drug paraphernalia.

The knowledge element comes in when, honestly, mom or dad or grandma may not recognize what that little baggie once had in it, yet they can be arrested for possession of drug paraphernalia if a cop finds such a baggie in their car. So kids, clean up after yourself if you’re driving someone else’s car (that’s how these cases arise, 9 times out of 10).

Anyway, illicit knowledge about the item’s use is key in a paraphernalia case and casting doubt on this knowledge is the key to beating the case.

For example, I had a case where a kid left his grinder in his mom’s car. Mom didn’t even know what a grinder was but she got arrested for possession of drug paraphernalia. To make matters worse, this grinder had a Bob Marley reggae graphic on the lid, so that didn’t help things.

Still, we beat the case because I went to the evidence locker and took pictures of the grinder and it didn’t look like there was any marijuana residue, and it didn’t smell like weed. So, there was nothing about this grinder that would have put mom on notice as to its illicit nature.

No knowledge of the grinder’s illicit nature, and the Bob Marley insignia is not enough — case dismissed!

So, if you want to beat a drug paraphernalia case, you’ve got to raise doubts as to the state’s ability to prove you knew of the illicit use of the item.

My name is John Guidry, if you’re facing a possession of drug paraphernalia case in Orange, Seminole, or Osceola County, give me a call, let’s see if we can help you out. Thanks for reading, take care.

Author Bio: 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.