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I really doubt that there will be a criminal proceeding in this case. You can tell that it's a bong in the picture, but you can't definitively prove that there's weed in it. So you're left with a picture that potentially questionable and some eyewitness statements.
There won't be a trial. Besides in most states, it's illegal to possess and sell marijuana, not smoke it. If the cops don't catch you selling, possessing, or driving after smoking weed, you can technically be high as a kite.
At least that's the way I always understood it.
Not that I've ever partaken of the wacky tobacky.
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