“I’d Take a Pay Cut”: Why a Criminal Defense Lawyer Wants Legal Weed

By: John Guidry

I have a lot of clients arrested here in Orlando on Possession of Cannabis charges, and they are just itching for Florida to legalize it. Actually, I have a few clients who have gone through the trouble of flying to California just to smoke legally. One client flew into LA early in the morning, obtained a valid driver’s license by lunch, got a medical marijuana prescription by 3:00 PM, and was legally smoking by dinner time.

The “Pill Problem” Substitution States that do not have legal marijuana (like Florida) have much higher abuse rates of dangerous pain medications.

• The Science: We have a pill problem in Florida. Decriminalization would help our pill-addicted population.
• The Logic: If citizens in pain could use marijuana instead of Oxycodone or Hydrocodone, maybe our prisons would have fewer addicts serving ridiculous mandatory minimum sentences.
• The Benefit: Those tax dollars could be used for healthcare and education. What a concept.

Alcohol vs. Weed (The Violence Factor) In my 20+ years of criminal defense work, I have handled a zillion Domestic Violence Battery cases.

• The Observation: None of these cases involved weed. Most involved alcohol.
• The Reality: Violence in the home is often ignited by alcohol. Weed does not lead to domestic violence; it leads to pizza orders. The only “crime” created by marijuana is the possession charge itself.

The “Pay Cut” Basically, decriminalizing marijuana would cause an across-the-board pay cut for those of us in the criminal defense industry. That would be bad for my wallet, sure, but it is the right thing to do. That being said, since when has “doing the right thing” ever caused a legislature to act?

Did the police search your car because they “smelled marijuana”?

That search is now unconstitutional. Call John today at (407) 423-1117.

John’s 2026 Update: The “Odor” Search is Dead (Even if Weed Isn’t)

Note: In the article above, I hoped for legalization. Well, Amendment 3 failed in 2024, so recreational weed is still a crime. But we won the war on searches anyway.

1. The “Plain Smell” Doctrine is Dead (Williams v. State) For decades, if a cop smelled weed, he could search your car. That ended in October 2025.

• The Ruling: In Williams v. State (and Baxter before it), Florida courts ruled that the odor of marijuana is not Probable Cause for a search.
• The Reason: Because Hemp is legal and smells exactly like illegal marijuana, the smell alone does not prove a crime. Police now need “Odor Plus” (impairment, baggies in plain view, admission) to justify a search.

2. The Federal Rescheduling (Schedule III) In December 2025, the Federal Government finally moved to reschedule cannabis to Schedule III.

• What this means: It acknowledges medical use and helps dispensaries with taxes.
• What this DOES NOT mean: It does not legalize the baggie in your pocket. Unless you have a Florida Medical Card, you are still breaking state law.

3. Get the Card (Don’t Go to California) My old client had to fly to California. You don’t.

• The 2026 Reality: Medical Marijuana cards in Florida are incredibly easy to get. Telehealth renewals are standard.
• The Advice: If you smoke, get the card. It turns a “Trafficking” or “Possession” felony into a legal medical activity. It is the cheapest insurance policy against arrest you will ever buy.

Stop Giving Them Probable Cause

Even though the “Odor Search” is dead, don’t hotbox your car. It gives them a reason to investigate you for DUI. If you are stopped, say nothing, consent to nothing, and let me argue about the smell in court.

Call me at (407) 423-1117. Let’s suppress the search.

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.