No one said that. However, Jimmy Carter said:

"Penalties against a drug should not be more dangerous to an individual than the use of the drug itself; and where they are they should be changed. Nowhere is this more clear than in the laws against possession of marijuana."

That is the most closely related quote.

Benjimin Franklin said it. :D

if its Ben Franklin, i would guess from his "Way to Wealth" or his letters pertaining to "Poor Laws"

however it is also a general stipulation of Tort Law and usable as a defense, although rarely won ...