"Illegal": Yes, it should be.
"Harsh Penalties": Nope. Fines out the ass maybe, but not Jail. Too many violent offenders getting out early because guys with 100 tabs of MDMA have to occupy Cells, because of "Manditory Minimum Penalties" associated with all States, as well as Federal, Drug Laws. And if you don't know that much, you are the one who doesn't know head from ass bro.