I could be wrong, but I don’t think drug use, as such, is a crime, at least in most states. Possession is a crime, and sale is a more serious crime.
Of course, it’s pretty difficult to use drugs without being in possession, so very possibly I’m just digging away at a nit here. :)
Like I said I was just guessing. Murder 1 does seem a bit extreme, even to me.
He should spend more time in jail than a drunk driver though.