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You really are making yourself look like an idiot.
To prosecute him you would have to.
Find the Bong
Prove there was weed in The Bong at the time he was using it
Prove where and when that picture was taken.
All of this without a reasonable doubt.
You fail to realize, they have gone to the house and found DOPE on these people. Nobody is being prosecuted for a picture.
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