The motion argues that using drugs isn't a crime, only possessing them. So even if Nick was high on stream, that doesn't mean he possessed drugs at any time before or after using them. I suppose we're supposed to conclude it's reasonable to believe that Nick hopped up from his desk, raced out of the house to some undisclosed location, did the drugs there, and then raced home to resume his stream, but it's not reasonable to believe that he walked across the room, did a line of blow off April's ass, and then walked back to the camera...