That dead plant is harmful to the person who ingests it and if they get behind the will while under its influence then it can be death to others. What you need to know about the justice system is that the charges incurred upon arrest are seldom the only charges that are taken to court. At this stage in the process, they can probably only prove beyond a shadow of a doubt that this is a misdemeanor. As the investigation continues and eventually makes its way to court, then there will no doubt be more charges added to the indictment.