There still is a difference. In one instance you are punishing someone who is clearly choosing a substance that detrimental to society as a whole and as a result is illegal. Because allowing some to use will create a "they can do it" mess where they would have to be fair and let whole host of others use as well. So it is necessary to have a standard. With that being said it is a far stretch to pre-determine a individual who has yet to make a choice!




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