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Fifth Amendment Due Process
President Obama has recently stated: "... as it is, the federal government has a lot to do when it comes to criminal prosecutions," Obama said. "It does not make sense, from a prioritization point of view, for us to focus on recreational drug users in a state that has already said that under state law, that's legal."
If the federal government did in fact choose not to prosecute recreational marijuana users in states that have legalized the recreational use of marijuana, would subsequent federal prosecution of recreational users in states which have not legalized it be a violation of Due Process under the Fifth Amendment? Is selective enforcement of a law based on geographic location constitutional; that is, "we're going to enforce this law in this state but not that state"?
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