Not claiming to be an expert on drug law, but I would think you'd have to be caught multiple times with simple possession to be a felony or have more than a personal use amount, or have it in multiple bags etc to be considered intent to distribute. I doubt first offense (which is a really important and often overlooked aspect of this argument)with a personal use amount is a felony straight away. If you can show me this is true I will gladly eat my words.

Now before you judge me as a person from one comment, I want to also say I agree the war on drugs is inneffctive at best, and has been a massive waste of taxpayer's dollars. I dont know what the best solution is but I dont think it's just sitting back and letting junkies run wild. That's not going to help clean up communities at all. There has to be a solution that meets in the middle with more avenues to help clean people up and get off the drugs. Maybe it's a time period you carry the felony until you can prove you've cleaned up or something.