I guess depends on how they define “poison” in the legal sense. I know that most soaps aren’t toxic unless you have it regularly for a while. But I would argue the same for most fast food.
True. Poison may not be the right word. Food tampering my be more accurate.
You would have to prosecute both to make the charge stick. The only way to discover food tampering would be the stealing of the food.
Also there are perfectly legal modifications that are dickish but don’t constitute tapering. If the ingredients are normally edible without adverse effects, it isn’t tampering. You are allowed to dump a bottle of hot sauce into your coffee creamer. You can absolutely add salt instead of sugar to your homemade pie. You can bring a bottle of Gatorade that has been emptied and refilled with lemon juice.
You can’t add laxatives or NYQUIL or other items to booby trap your food. Basically you’re not allowed to effect someone’s health with drugs or things that aren’t food
What if the theif turns out to be allergic to hot sauce? Like yeah I didn’t mean to seriously harm them, but I was boobytrapping the food with the expectation of causing some amount of harm. If they sue for the medical bills I’m pretty sure I’m gonna have to pay them and if they press charges I can see that going very bad for me