Legalization of Drugs
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The question of whether or not to legalize certain drugs has been debated
for decades. Although opponents have thus far been successful in
preventing this, there are nonetheless a substantial number of people who
believe that legalization should be given a chance. Their arguments range
Help with essay on Legalization of Drugs
from the seeming ineffectiveness of current drug laws to the simple
premise that the government has no right to prohibit its citizens from
using drugs if they choose to do so. This essay will address the issue
from the standpoint of John Stuart Mills Revised Harm Principle?, which
asserts that people should be free to do what they want unless they
threaten the vital interests (i.e., security or autonomy) of others.
Using Mills principle as a litmus test for this issue leads one to come
down on the side of legalization. Since Mills is concerned not with
individual rights, but with the consequences of ones actions on other
people, the question becomes Is drug use an action that, although
performed by an individual, threatens the vital interests of others?
Using the example of a casual, responsible drug user who is a contributing
(or non-detracting) member of society, it is clear that more harm is done
to others if the user must resort to illegal methods to obtain his drugs.
The very act of buying drugs is intrinsically illegal and carries the
threat of establishing a criminal record for the buyer. This can have a
devastating effect on his family, his lifestyle, and his career. The
effects on society as a whole include more crowded jail cells (prompting
politicians to demand more jails be built), higher taxes to support these
jails, and the loss, or at least diminution, of a productive citizen. In
order to buy drugs illegally, the user may be forced to expose himself to
the fringes of the criminal world--something he would never do under any
other circumstances. If drugs were legalized, the criminal stigma would
be removed from their purchase, possession, and use. The government would
collect taxes on drug sales and, conversely, would not be spending
millions of dollars to stem the flow of illegal drugs. This increase in
tax dollars could be put to use in drug education and treatment programs
for those individuals who are unable to moderate their intake and
subsequently become addicts. Then the government would be intervening
with its citizens lives in a benevolent manner (and only when asked)
rather than in a forceful, punitive way.
Many opponents to legalization point out that drug use leads to spousal
and child abuse, random criminal acts precipitated by the effects of drugs
on a users inhibitions, and crimes committed to support drug habits.
This argument is fundamentally defective because it addresses the abuse of
drugs, which is not the issue here. When an individuals use of drugs
leads him to harm others, it becomes a behavioral problem. That is, the
issue is no longer drugs, but the behavior of the individual. If that
behavior breaks a law, the individual should be punished for that specific
conduct--not for drug use. In its pure form, drug use affects only the
user, and the government is therefore acting paternally when it regulates
this behavior. This government regulation violates Mills Revised Harm
Principle? as blatantly as would regulations against sunbathing or
overeating or masturbation.
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