If true, then you can bet the bank that they would have charged him with it.
Is it a "crime" to go looking to buy drugs?
If he failed in his attempt to purchase, is there something he can be charged with?
If you read the link, not only did they claim that he was "looking" for drugs, but they also claim to have found heroin bags and paraphernalia in his vehicle.
Yes they did, and they charged the driver with possession, his drugs, his car. It remains to be seen if the Driver, who Van Guilder threw under the bus, tosses Van Guilder under his own bus and drug charges are filed against Van Guilder as well.