Sullivan, according to Collings's summary of the case, was charged on July 13 and ordered to, in effect, pay a fine of $125 or go to court. He elected to go to court. In late August, however, the U.S. Attorney's Office filed a request with Collings to dismiss the charges because "further prosecution of the violation would not be in the interest of justice."
Collings found the request, and the vague explanation, puzzling, given that the U.S. Attorney's office routinely prosecutes pot cases, even involving small amounts. So he called a hearing, held September 2. There, Sullivan's lawyer, Robert Delahunt, Jr., explained that the charge could complicate his client's attempt to become a U.S. citizen. (Sullivan is British by birth. He is also HIV positive, as he has often noted on his blog, and U.S. law continues to discriminate against potential citizens who are HIV-positive, a subject Sullivan has written about often.)
Collings found that explanation unsatisfying, too: even if the charges were dismissed, Sullivan would still have to tell U.S. immigration officials that he had been charged with a federal crime. Moreover, many other people in similar situations--applying for citizenship--had not been granted such a favor. Collings wanted to pursue the matter, but the Assistant U.S. Attorney handling the case replied that Collings had to respect prosecutors' discretion.
I know personally of several people with permanent green cards who spent months in prison on minor things facing deportation. They aren't afforded the opportunity to massage their hardships, illness, tragedy into some kind of discrimination complaint.
When you're applying for citizenship, you know breaking laws mucks up your attempts.
I like Andrew, I read his blog from time to time. Turning his lawlessness into some kind of an "America is a terrible place that discriminates against him but he desperately wants citizenship here so the charges must be dropped" is the excuse of a weasel.
Get off the pot and be a man.