But people do end up in jail, even end up dying in prison, for such nonviolent "crime."

If we're talking about a world of what should and shouldn't be, as opposed to the one in which we actually live, then Gordon should be free to smoke as much pot as he wants and I should be free not to be forced to subsidize such behavior and consequences or any behavior and consequences I don't freely agree to. But we're not talking about that, obviously. Apparently instead we're talking about which laws and punishment should and shouldn't selectively be applied.