Yes, but there's a huge subjective difference between saying "You're an asshole, stop smoking up in a shared-wall-dwelling" and "You're a criminal, go to jail".

Yes, but there's a huge subjective difference between saying "You're an asshole, stop smoking up in a shared-wall-dwelling" and "You're a criminal, go to jail". Most managers are happy to address nuisance issues, but would rather reduce the number of police calls to the property. Same thing with public smoking laws. People smoking up in a park upwind of people deserve a small ticket, an age check, and a harshed mellow. They do not deserve arrest and prosecution on drug laws. Enforcement of disproportionate punishment is less attractive to sane humans.