body: The character is leaning his head across state lines and getting high of an unknown substance, which isn't federally scheduled, and is legal in one state, but illegal in another. In the illegal state, a DUI is a citation, while in the legal state, a DUI is a gross misdemeanor. 
  
  
  The character is on his motorcycle with the rest of his body sitting sidesaddle on a motorcycle that is parked and turned off in the illegal state, but is consuming and possessing the drug in the illegal state. 
  
  
  When he's done, he throws the cigarette in a nearby puddle in the legal state and gives the officer the middle finger in the legal state, turns on his engine, rides away into a nearby shed and lets the drug take him over.
  
  
  The cops in the illegal state don't write tickets for DUIs unless they're generally in big vehicles, and he was on a motorcycle, which they don't ever charge people with DUIs for...
  
  
  So did my character find a loophole and outsmarted the police in both states? 
  
  
  
title: Writing a story. A criminal is on the border of a state with different drug possession laws