> Vibes on the ground are not fact. Actionable law is.
I really think this is a view that only makes sense in stable countries with strong rule of law, which I don't think is the case for most of the world. And even in the First World. Are Americans in states that legalized marijuana afraid of a random cop arresting them due to it being federally illegal? Is the average European concerned of being arrested for movie piracy? Seriously there are a lot of unenforced laws around the world. https://en.wikipedia.org/wiki/Unenforced_law
Not meant to be an argument for either side of this specific case, just a general opinion. Only looking at vibes is not enough but only looking at the law in the books is also not enough.
> Are Americans in states that legalized marijuana afraid of a random cop arresting them due to it being federally illegal?
Yes. Not from street cops, but you better believe I'm concerned about airport security. You'll probably be safe, but I would not recommend a non-US person to test this. It's unreasonable to expect outsiders to understand which laws are enforced, particularly when the consequences of being wrong may include life imprisonment or death.
I agree that law isn't enough; it's not the end of the discussion, surely. But I feel it is the trunk that we should branch from.
If the law is ineffectual: the persuasive burden rests on the people saying so, not on the people reading the law as it exists on the books. Strong/weak rule of law could act against either side here.
In my experience in one of the few blue enclaves in an overwhelmingly red US state[1], selectively enforced laws are frequently used by local law enforcement as an instrument of discrimination against "undesirables".
As a straight, white, young adult male, I noticed a strong correlation between the frequency of "pretextual" traffic stops in neighboring counties and the then-current length of my hair.
Racial minorities have it much worse:
Before Brainard took office, employees of then Carmel[, Indiana]-based One Call, many of whom were minorities living outside of Carmel and working late into the night, complained of being pulled over by Carmel police.
The city’s solution, which [Carmel mayor] Brainard called “terrible,” was to give employees car tags so police knew they belonged there, implying that if you were Black and didn't work there, the assumption might be that you didn't belong there. There was, however, no systemic change within the police department to stop ticketing Black people passing through." [2]
As for marijuana possession,
In Indiana, all but 13 counties are above the national average for racial disparities [in marijuana arrests]. And while Marion County’s rate of disparity is below the national average, there seems to be an alarming trend for surrounding counties to have disproportionately high arrests of Black community members. For example, Hancock, Hamilton, Shelby and Boone counties, all donut counties, have a racial disparities rate of greater than 10x. [3]
I really think this is a view that only makes sense in stable countries with strong rule of law, which I don't think is the case for most of the world. And even in the First World. Are Americans in states that legalized marijuana afraid of a random cop arresting them due to it being federally illegal? Is the average European concerned of being arrested for movie piracy? Seriously there are a lot of unenforced laws around the world. https://en.wikipedia.org/wiki/Unenforced_law
Not meant to be an argument for either side of this specific case, just a general opinion. Only looking at vibes is not enough but only looking at the law in the books is also not enough.