>Why did you conveniently forget to mention that context?
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.
It's not legal anywhere in the US. Most people don't need to care because they don't have to normally interact with the federal government, if you know you're going to have to do that then you don't smoke it.
The Border is controlled on the federal level by federal immigration officers (CBP) where Marijuana is still illegal. And immigration officers have the right to search anyone entering the country for any reason and deny them access for crimes involving moral turpitude.
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.
He legally obtained the marijuana in Germany, which is a place where the current conflict between US marijuana laws on the state and federal level is less relevant to the discussion. That being said, we're not here debating whether CBP has the right to deny him entry for marijuana, we're here because the reason he was flagged for screening at all was a thoughtcrime meme and the discussion of his (again, perfectly legal) marijuana usage is subsequent to him being flagged for having the wrong political opinion.
That's not true. According to his own account, he was under investigation before anyone saw the meme.
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.
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.