Tell that to all the folks on this board who will be drunk in public tomorrow at the game.
If any of them drive home and get arrested, they should go to jail. If they are a belligerent nuisance that warrants being arrested for public drunkenness, then they should be arrested. Consuming alcohol is not against the law. Consuming it to excess and becoming a nuisance or driving while intoxicated is. As of today, marijuana use is against the law in our neck of the woods. In all cases, don't do the crime if you don't want to do the time.
Something we are woefully short of in this day and age - personal responsibility. We are each responsible for our own actions.