Well they are not technically innocent are they? If marijuana possession is illegal and they got caught with it, then they broke the law. You can say that the l

Well they are not technically innocent are they? If marijuana possession is illegal and they got caught with it, then they broke the law. You can say that the law is unjust of course, but if the law is on the books, they are not innocent of it. Overcrowding can be a good argument because it basically argues that whatever social ill the marijuana prohibition aims to cure is not worth the cost of keeping all these people in jail.