To me it speaks to the misanthropic style of justice that seems to be prevailing in the US and other conservative circles these days.
First of all, you've gotta ask yourself the question of what a 5 year sentence for passing a joint to a minor is actually supposed to achieve. Is 5 years in jail going to rehab the person more effectively than 3 months? One year? Hell, why not throw 'em in for 50 years? That'll teach 'em. Better yet, why not just kill 'em? It'll get these obviously hardened, lost-cause criminals off our streets and our precious America drug-free.
Look at me, I'm pulling out the slippery slope argument. It sucks doesn't it, righties?
If the goal is not to rehabilitate them, but have the punishment serve as a pre-emptive sort of "don't do this or else" kind of thing, I have to ask: do you really think that's the best way of dealing with the drug problem? It's pretty well known in psychological circles that that which is taboo is endlessly more alluring for it. Instead of spending millions of dollars incarcerating people who are pretty much the furthest thing you can get from being an actual criminal without being innocent, why not spend it on education and a gentler kind of rehab?
There's rehab in jail. Sure. But do you think someone is going to get out of the slammer after being thrown in for 5 years for passing a joint to someone they didn't know had been in drug rehab and will magically turn into a dutiful citizen? My guess is no. I think it's far, far more likely that not only do they become bitter, resentful, and delinquent, but after spending 5 years with REAL criminals they probably have a few more ideas on how not to behave.
It seems misanthropic and hopelessly misguided. Building a narc society isn't the fast road to a drug-free and happy America.
I also want to ask the question: why is America so friggin terrified of marijuana?
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