A would-be Santa Claus in Florida has been arrested for handing out Christmas presents to passers-by. While that might not seem like a crime, it should be noted the gifts were baggies of marijuana.

St. Petersburg resident Richard Ellis Spurrier, 67,was taken into custody over the weekend after a bystander reported someone was distributing drugs on a street corner, according to his arrest report. While it’s unclear how much weed he actually gave away, Spurrier still had 45 grams on him when officers arrived. He said he was planning on giving all of it away. When officers asked why, he told them, “Because it’s Christmas,” his arrest report indicates.

Despite his unselfish display of Christmas spirit, Spurrier was charged with possession of marijuana with an intent to sell, police say.

Does it seem wrong that marijuana is legal in some states, but not in others? Would you smoke weed that was given to you by a complete stranger?