“Holding It For a Friend”: Why Touching Drugs Isn’t Always Possession

By: John Guidry

Yes, we’ve all had a few friends that would not get the stamp of approval from my Mom and Dad. I still have a few hanging around. But sometimes, these friends can be nothing but trouble.

Such was the case in Hamilton v. State, 732 So.2d 493 (Fla. 2nd DCA 1999). It is a great “Sale and Delivery” case that clearly presents a common issue in Orlando drug cases: Can you be convicted of possession if you only held the drugs for a second to pass them to someone else?

Did you get arrested just for handing something to a friend?

Momentary handling is not “Dominion and Control.” Call John today at (407) 423-1117.

The Case: Hamilton v. State (The Middleman)

In Hamilton, undercover agents arranged to buy $60 worth of cocaine from a dealer named Terry Frasier.

• The Scene: Hamilton was just hanging out in the passenger seat of Terry’s car. He wasn’t the dealer; he was just the friend in the “Wrong Crowd.”
• The Deal: The police informant pulled up to the car, but he parked next to Hamilton (the passenger), not Terry (the dealer).

The Hand-Off: Because Hamilton was sitting in the middle, the transaction went through him:

1. The Informant handed $60 to Hamilton.
2. Hamilton handed the $60 to Terry.
3. Terry handed the cocaine to Hamilton.
4. Hamilton handed the cocaine to the Informant.

The Charge: As you might expect, Hamilton was charged with Possession of Cocaine. After all, he touched it. He held it. He handed it over. That’s possession, right?

The Ruling: Touching is Not “Dominion and Control”

To prove Possession, the State must prove you had Dominion and Control over the drugs.

• Dominion: The right to control the item (ownership).
• Control: The ability to access it.

The Appeals Court overturned the conviction. They held that the mere fact that the cocaine was passed from one party to another through Hamilton did not establish dominion.

“Hamilton had some ‘control’ over the cocaine, but not dominion, especially in the presence of the cocaine’s true owner, Terry.”

The Lesson: Being a “human conveyor belt” for a friend’s drug deal is stupid, but under Hamilton, it is not necessarily the crime of Possession.

John’s 2026 Update: The “Venmo Mule” & Principal Theory

Note: In 1999, Hamilton physically touched the drugs. In 2026, the “middleman” usually touches the money.

1. The “Principal to Sale” Workaround Prosecutors hate the Hamilton case. So, in 2026, they rarely charge the middleman with Possession.

• The New Charge: They charge you as a “Principal to Sale/Delivery.”
• The Theory: Even if you didn’t “possess” the drugs, you helped the sale happen by passing the money. Under the Principal statute, the helper is punished just as severely as the dealer.
• The Defense: We argue you were a “Mere Bystander” who facilitated nothing. If the deal would have happened anyway (e.g., if the informant could have just reached across you), your involvement was incidental, not criminal.

2. The “Venmo Mule” Trap Today, the middleman doesn’t hand over cash; they hand over their CashApp tag.

• Scenario: The dealer doesn’t have Venmo, so he asks you to take the $60 payment and Zelle it to him.
• The Danger: This creates a permanent digital record of you financing a drug deal. Prosecutors use this to charge Conspiracy.
• The Defense: We argue you were just a financial conduit with no stake in the game. We show you made $0 profit on the transaction to prove lack of intent.

3. Body Cams Save the Day In Hamilton, they had to rely on officer testimony. Today, we have 4K video.

• The Evidence: If the Body Cam shows the dealer barking orders at you (“Here, hand this to him”), it proves you were acting under his dominion, not your own. We use the audio to show you were a tool, not a partner.

Don’t Let the “Wrong Crowd” Ruin Your Record

If you were just the guy in the passenger seat, you shouldn’t go down for the dealer’s crime. We know how to distinguish between a “Middleman” and a “Mastermind.”

Call me at (407) 423-1117. Let’s separate you from the dealer.

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.