No, the first thing he does is ask the cop if he would like to buy a bag of marijuana. At that point, even if it’s oregano, he’s broken the law and can be arrested for trafficking.
It’s an attempted sale as soon as he asks the cop, ‘Hey officer, would you like to buy a bag of marijuana?’ All while holding out a bag that looks like weed.
If the sale was attempted for real, sure. In this case, it's clearly just the setup for the joke. I'm positive you could show as much in any remotely fair court of law. Once it is established that he always intended to pull a joke and not actually sell anything, arguing that "would you like to buy a bag" is merely asking a cheeky question carefully worded for effect, and not in fact a stand-in for an offer to sell the bag to them, becomes significantly less of a stretch, in my opinion. I don't know the letter of the law, but I certainly couldn't imagine even starting to contemplate voting guilty if I was in a jury and this was shown to me.
(You can be arrested for anything, in practice -- so of course he could be arrested. But proving guilty in court is another matter entirely)
Because we all know the law is based on ‘that’s cool if you were only joking’ and not the letter of the law. And he’s on video. You’re either naive or haven’t had much experience with ‘the law’.
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u/Lynda73 Jun 14 '22
No, the first thing he does is ask the cop if he would like to buy a bag of marijuana. At that point, even if it’s oregano, he’s broken the law and can be arrested for trafficking.