It's not quite as simple as "they can use discretion", because there is no single "they". There's a boatload of states and the federal government, and states ha

It's not quite as simple as "they can use discretion", because there is no single "they". There's a boatload of states and the federal government, and states have sovereign power on these topics, and states that have outlawed the practice have collaborated with the federal government through "equitable sharing" practices. Something at the top could help.