Well... maybe. Obvs. this varies state to state, but first- or even second-time offenders who are caught with small (personal) amounts of weed are not just automatically shipped off to jail.

I also think it's disingenuous to equate Tim puffing on a joint with the trafficking and widespread use of heroin, which was the real drug problem in Em City. Tim showed us in many ways how he could be hypocritical. :/