The "criminal record" thing is bullshit though. We don't live in a society where laws are applied equally to all citizens. I grew up in very well-off area, and the things that well-to-do, white teenagers are able to get away with would never fly in a poor, black community. When rich, white kids get caught with drugs, not only do they often avoid jail time, they often avoid any sort of record of the incident. Our jails are not filled with young black men because they commit crimes at such a higher rate than young white men. Our jails are filled with young black men because we send them to jail at such a higher rate than young white men. Full stop.
What percentage of prisoners in state prisons are there for drug possession as their most severe (current) conviction? Twenty? Thirty?
How about less than four percent?