That is where they like it.
It becomes arbitrary.
If they like you, they can play nice cop and let it go.
If they don't, they can charge you.
Making criminals out of pot smokers is wrong for many reasons.
From LeDane (sp?) to Dana Larson's Sensible Policing Initiative, everyone knows it should be de-criminalized.
But the (criminal) politicians keep it illegal for profit and police power.
I think it's a fall back position for the cops. If yer just smoking quietly in a park somewhere they just confiscate it but if yer an ass about it and perhaps there is other stuff going on then they'll run with it. Just straight possession??? I don't believe it happens often now nor then. 3800?? There are 100 times that many dealers lol.