Criminal Defense
Since 1993
Since 1993
How to Avoid a Marijuana Arrest in Florida: A Lawyer’s #1 Tip
By: John Guidry II
With an article title like this, I’m sure some of you might be saying to yourself “Uh, duh, don’t possession drugs.” Good point. That being said, I still want to share a simple but crucial piece of advice. After defending clients on marijuana possession charges in Florida since 1993, I’ve seen the same scenario play out time and time again. Even though cannabis is medically legal, police are still arresting people every single day.
So, where do 99% of these arrests come from? It’s not from searching people’s homes. It’s not from random stops on the street. It’s from one place: The car.
Already Arrested for Possession in Orlando? It happens. If it’s too late for preventative advice, your next step is to build a strong defense. Call my office for a confidential consultation. Call John Guidry: (407) 423-1117
Why Your Car is a Legal Trap
This may sound obvious, but understanding why the car is so dangerous is key to staying out of trouble. Here are the common ways a simple traffic stop turns into a drug arrest.
The Odor of Cannabis Gives Police Probable Cause This is the most frequent trigger. If an officer pulls you over for speeding and smells the odor of burnt or even fresh marijuana coming from your car, they now have probable cause to search the entire vehicle. It doesn’t matter if you smell like cannabis from a friend’s house; that smell is all the justification they need to start searching. The law regarding this “plain smell” doctrine is changing and now parts of Florida no longer allow searches based on odor. Still, as of the writing of this article, the vast majority of the State of Florida permits these searches.
THC Oil & Vape Pens are Often a Felony This is a critical warning. Many people, especially younger folks, don’t realize that possessing concentrated THC oil—the kind found in most vape pens and cartridges—is a third-degree felony in Florida. It is not treated the same as simple marijuana flower. Police can spot the thicker consistency of THC oil a mile away; you are not concealing it as well as you think. There’s a great technical defense, by the way, to this felony, but that’s a story for another day!
Passengers Are Not Safe Either It doesn’t matter if it’s your car or if you’re just along for the ride. If an officer finds marijuana in a vehicle, everyone inside is at risk of being searched and charged under a legal theory called “constructive possession.”
The Best Defense is Prevention
My best advice is simple: if you want to avoid being arrested for possession of cannabis, do not have it in your car. Not in the center console, not in the trunk, and not in your pocket while you’re a passenger. No cars, no vans, no motorcycles. If you follow this one rule, you will likely never have to hire a criminal defense attorney like me for a marijuana charge. It’s a beautiful thing.
But if you’re reading this because it’s already too late for that advice, don’t panic. A skilled defense can challenge the legality of the traffic stop, the search, and the evidence against you. If you have been arrested for possession in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, call my office. Let’s talk about your case.
About the Author, 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.