You wrote "so what if he had weed and was text messaging" as if it doesn't matter; further, the rest of your post implies something about nanny state laws. The real answer to so what if he had weed and was text messaging is that both are illegal.

It doesn't matter what one's personal views are; the two acts are illegal at this time. If you want that changed, work toward it. In the meantime, it's illegal.

Further, it's stupid. a driver doesn't have enough sense to not only be defensive himself, but he endangers others because he wants to be free to smoke and text.

Up his. (and--you're a moron).

That's the real answer.