Ashley May

USA TODAY

Krispy Kreme doughnuts are addicting, but eating them isn’t illegal – is it?

No, but an Orlando man said he was arrested because officers mistook glaze from the doughnuts for drugs during a traffic stop.

Orlando police officers stopped Daniel Rushing, 64, for going 42 in a 30-mile-an-hour zone in December. Earlier, the officers observed Rushing go into a store twice without making purchases and became suspicious.

In a report obtained by the Orlando Sentinel, police spotted what Rushing said were leftovers from Krispy Kreme doughnuts he eats once a week.

“I observed in plain view a rock like substance on the floor board where his feet were," the officer wrote. "I recognized, through my eleven years of training and experience as a law enforcement officer, the substance to be some sort of narcotic.”

A field test of the substance tested positive for amphetamines, according to the report.

After testing the white flakes, the Florida Department of Law Enforcement determined the evidence was an “unknown substance” and “no controlled substances” were identified.

The Orlando Police Department didn’t say why the field test was wrong.

"I kept telling them, 'That's … glaze from a doughnut. … They tried to say it was crack cocaine at first, then they said, 'No, it's meth, crystal meth,’” he told the Sentinel.

Before being released on bond, Rushing was charged with possession of methamphetamine with a firearm and spent 10 hours in jail, according to ABC news. The case was dropped by the state attorney's office.

Rushing hired a lawyer and is planning to sue, according to NBC Miami.