State v. Whitehead

Beasley, Judge.

Defendant was indicted and tried for selling marijuana, OCGA § 16-13-30. The first witness for the state was an undercover narcotics agent. She recounted that while negotiating with defendant during the incident on trial, he required them to smoke it to prove they were “cool.” In compliance the agents merely simulated smoking, and the witness explained how this could be done. She then described the reaction of defendant, that he said he knew the other agent was simulating smoking and was not inhaling it and that “he knew what simulation was because he had been busted…