He smoked marijuana where it was legal and he didn't get interviewed about drug use until after they spotted the meme, which they called "very clearly a piece of dangerous extremist propaganda". So, because it obviously didn't matter.
Ergo, CBP was operating within their authority.
8 U.S.C. § 1357(a)(3) Authorizes federal immigration officers (e.g., CBP) to search vehicles, vessels, and persons within 100 miles of a border for immigration enforcement purposes without a warrant.
21 U.S.C. § 844 Makes possession of controlled substances (like marijuana, LSD, cocaine, etc.) federally illegal unless prescribed or legally obtained.
8 U.S.C. § 1182(a)(2)(A)(i)(I) – Crimes Involving Moral Turpitude (CIMT) Any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of a crime involving moral turpitude (other than a purely political offense)... is inadmissible.Further, he said, "They took me to a room with several armed guards, where I had to hand over my shoes, mobile phone and backpack," before allegedly threatening him with a hefty fine if he did not unlock his cellphone for them. That is where the alleged meme of Vance came into play, along with a photo of Mikkelsen holding a homemade wooden pipe.
https://www.snopes.com/news/2025/06/25/norwegian-tourist-jd-...