> Is that not an accurate statement?
That is not an accurate statement. Incarceration isn't enough of a legal repercussion for you? Plenty of people are incarcerated each year for possession.
Also, you've significantly backpedaled by saying "choosing whether to smoke marijuana". "Marijuana is legal" is a statement about a lot more crimes than smoking (which in fact is actually legal--if somehow a lit joint fell out of the sky and landed on your lips, it would be legal to inhale). Possession, manufacture, sale, and paraphernalia are all illegal. A large portion of people incarcerated for marijuana-related crimes are incarcerated for crimes that aren't smoking or even possession.
And that's not even looking at drug testing and its employment implications.