I'd say the waiter "did something". Doesn't sound like they were "suffering" if they have that kinda cash layin around. And what's the goin rate on an oz these days? d;^)
Even in states where pot is legal, growers and dealers are not allowed to use the banking system. The cash was not "lying around" it was the entire cash supply for his business, even if the business was illegal.
I don't run a pot business, but I run a small business -- sort of a sideline in retirement. If have $18,000 in sales, somewhere around 10% of that filters into my pocket as spendable income. But even if he is in a more lucrative business, he would be lucky to have $4000 wind up as spendable income. Is that really enough to support a family of 4 for a month these days?
This is just the way small business works. Not every dollar of sales is a dollar of profit.
Of course my business is legal, so I don't have more than pocket change "lying around" and this guy would not have either if he had been allowed to use a bank.
I would be voting "not guilty". If they got away clean those guys would be back. And, there is no guarantee that if they leave they do not turn around and shoot back into the house.