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Comment by copsarebastards | Hacker News Reader

> Marijuana is, in practice, legal in America.

I'm really not sure what happened to your brain that causes it to concoct this delusion, but I'm sorry to see that there are two of you with the same problem.

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I don't understand the issue with that statement. You understand what "in practice" means right?

I'm not saying it's technically legal, just that the legal repercussions are so low that no one seriously considers them when choosing whether or not to smoke marijuana.

Is that not an accurate statement?

> I'm not saying it's technically legal, just that the legal repercussions are so low that no one seriously considers them when choosing whether or not to smoke marijuana.

> Is that not an accurate statement?

That is not an accurate statement. Incarceration isn't enough of a legal repercussion for you? Plenty of people are incarcerated each year for possession.

Also, you've significantly backpedaled by saying "choosing whether to smoke marijuana". "Marijuana is legal" is a statement about a lot more crimes than smoking (which in fact is actually legal--if somehow a lit joint fell out of the sky and landed on your lips, it would be legal to inhale). Possession, manufacture, sale, and paraphernalia are all illegal. A large portion of people incarcerated for marijuana-related crimes are incarcerated for crimes that aren't smoking or even possession.

And that's not even looking at drug testing and its employment implications.

Yeah I don't think I'm backpedalling. I'm actually starting to question your sanity, but I guess we'll have to disagree.

"Marijuana is de-facto legal" to "smoking marijuana is de-facto legal" is a huge backpedal.

Depends on your circumstances. Like all widely applicable but unevenly enforced laws, this gives selective enforcement power to the authorities. If you're a regular guy of no particular interest to the government or police, you can toke away pretty securely. If you need a clearance for your job, no. If the police are looking for a reason to take you in, a seed in your car - or the claim of a marijuana odor - will be the excuse.

Right. All I'm arguing is that making that statement does not amount to evidence of brain damage.

No, of course not. But "the legal repercussions are so low that no one seriously considers them" is not accurate, as I'm sure you see now. Some of us are in a position to flout various laws, others are not.

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