Ice Cream Truck Driver Cited For Pot

So that's why the ice cream man is in such a good humor.

Deputies say they cited the driver of the Hokey Pokey ice cream truck Thursday for possession of marijuana and a drug-smoking pipe.

The truck was parked in a vacant office plaza at Applegate Drive, within sight of U.S. 19, for three hours when a concerned citizen called it in. Deputy Anthony Mazza went to investigate and said he found Gregory Westberry Jr., 34, inside.

Mazza described Westberry in a report as having "extremely slurred speech" and dilated pupils. Asked for an explanation, Westberry said he was waiting until 5:30 p.m. to pick up his kids from day care. By his watch, he had only been there 10 minutes.

Based on Westberry's behavior, Mazza asked the suspect if he had drunk any alcohol recently. Westberry admitted to drinking a beer while in the back of the truck, then changed his story to two to three beers, then five to six, according to a report.

But Mazza didn't smell any alcohol on his breath, so he asked Westberry if he had been doing drugs or taking medication. The ice cream man allegedly confessed to smoking pot, so the deputy asked him to empty his pockets.

Mazza said Westberry set a bag with .8 of a gram of marijuana and a drug-smoking pipe onto the hood of the cruiser. Two misdemeanor citations were issued for possession of marijuana and paraphernalia.

Westberry could not be reached for comment on Friday.