Aside from the potential for increased incarceration rates that lead to the criminalization of minorities, potential overflowed prisons, etc is the fact that in this modern political world of having to take one extreme or the other we have lost sight of something called intent. Any type of legislation like this should take intent into consideration. For example, were they arrested while muling CDS or firearms? Were they motivated by fear of the tenor of the political landscape of their country? Those are two very different motivations that certainly do not deserve the same penalty.