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by bradleyjg 3744 days ago
This is the moral equivalent of people telling others they don't need to pay income tax because the fringes of the flag in courtrooms have yellow tassels.

There are zero precedents under the equal protection clause that do anything like what the link suggested. On top of that the equal protection clause by its terms doesn't even apply to the federal government, since it is situated in the fourteenth amendment. It has been reverse incorporated via the fifth amendment due process clause, but again never in any case remotely like what is being suggested. You can't just look at the words "equal protection" and start extrapolating wildly. That's not how these things work.

There are several memorandum from office of the Attorney General that state Justice Department policy as to where efforts should be focused (e.g. https://www.justice.gov/iso/opa/resources/305201382913275685...) and even before that the federal government tended not to exert a lot of effort on small time marijuana users. But it is emphatically not the case that "personal possession ... is completely legal under federal law".

Please do not spread this type of misinformation, it can be have enormous consequences.

1 comments

Fair enough. In practice though even if the theory doesn't hold up, you'd need to work pretty hard to get charged with possession by the feds. Even if you punched a federal judge while holding a bag of weed, they'd probably still toss the possession charge just to keep jury nullification types from trying to get seated.