Felony drug charges usually apply to distribution, not possession, so if someone catches a felony case they are more involved in the trade than a casual toker.
The problem is what constitutes mere possession rather than distribution? It wasn't that long ago that the threshold to federally charge someone with possession with intent to distribute crack cocaine was 5g. For reference, that is equal to 5 packets of Equal. After decades of locking up people for 5-10 (or more) years for what amounts to user amounts of crack, the threshold was raised to 28g...and the FBI statisticians frowned.
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