So I'm kind of out of ideas on what to do about this...

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Okay, I'm out of ideas on what to do about this... so I figure why not start a discussion on it, and see if I can't get any new and perhaps better ideas from others? So here's the problem: My younger brother, who is in his early 20's, has a 2 year old son. The mother is not in the picture at all, her choice really, so if there's any questions on her role... well... she plays no role. My younger brother, though, does play a part in his son's life, and he does love his son dearly, I know he does. However, while my brother is young and so I can understand him being more on the side of immaturity... I do think that after you have a child... there is a big amount of immaturity that has to be done away with. Now, my brother, while he loves his son and his son does know him as "dada" and see's him every day.... he's still not around much. My mother actually took and became legal guardian of my brother's son because of my brother not being around much and the mother not being around at all. She did this so that in case of an emergency or this little boy needing medical attention, she can legally get it for him. My brother is allowed to get guardianship back, though. This is allowed to happen when he shows our mother and the courts that he has straightened up, held a job and can provide for his son. And, my brother says that he wants this to happen, and I believe him... to a point. See, my brother goes out every day, multiple times a day, and it's what he's doing that really worries me. He is into marijuana, and uses it very very regularly, daily. His son knows him, as I said, but I also am aware that his son knows already that his "dada" is constantly gone... though of course he doesn't know why at this age. We've tried talking to my brother time and time again about what he's doing and how often he's doing it and about how often he's gone for it and about how much his son needs him, "dada", in his life. No matter how many times we talk to him about it, though, it doesn't seem to change anything. I've thought of calling the police on him, thinking.. well.. maybe a couple days or however long in jail for possession of this illegal drug would turn him around. However, as far as I know, in Illinois... you must be caught in the act of doing these drugs... or with it out and on you. And considering he doesn't exactly say "hey, I'm going out to smoke up, I'll be back."... I don't see how that method would do anything. We've, as well, tried telling him that he needs to straighten up and get a job and be a real contributing member of this family or he needs to get out. However, no matter how many times we make that threat, he doesn't seem to take us or it seriously. I do feel that we are getting closer and closer to the point of carrying out that threat, however, I'm not entirely sure. You see, my brother is not only a complete pot head... but he's also an epileptic... which means he has petite mall and all out full blown seizures. All of this, mixed with that we lost a family member 9 years ago(my brother, my mother's son.. in a car accident) I think is what keeps us from actually kicking him out. We're afraid of something happening to him. We're afraid of losing him. So with these two options being, what seems, entirely impossible... we're really pretty stuck on what to do to get him to man up and quit the marijuana and take responsibility for his son. Any thoughts? Ideas?