What’s Your General Rule on Drug Prohibition?

 

shutterstock_158845502Let me be very upfront here: I’m one of those radicals who thinks we should legalize all drugs.  I’m not just in favor of marijuana legalization, but also the “hard stuff”: heroin, cocaine, LSD, and just about anything else you can think of.  If you’re one of those weirdos who wants to put mescaline in your eggnog, I don’t think there should be a law against it.

We’ve had several awesome discussions recently here on drug prohibition. However, one thing that seems to be lacking, among prohibition advocates is a general principle. So to any of you prohibitionists, I’m issuing a challenge. I’m willing to listen to any prohibition standard you’re willing to propose. What I’d like to hear is a general rule on what the government should and shouldn’t prohibit, but I’m going to add a sticking point: you must apply it across the board to drugs, prescription medications, tobacco, and alcohol.

There it is. Prohibitionists are able to come up with all kinds of arguments, but I’ve yet to hear one that couldn’t also reasonably be applied to alcohol. But, I could be wrong (it happens… occasionally), so let’s hear it: What’s your general rule?

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  1. user_645127 Lincoln
    user_645127
    @jam

    I read the post then the comments through about page 8. Didn’t read after that. I can understand why Fred is asking for a general principle to apply to all drugs. Sounds reasonable and I mean this sincerely. After reading the comments and giving it some thought, here is what I came up with.

    It seems to me that recreational drugs are analogous to medicine, not in a healing sense, but in the sense of being substances that are put into the body for reasons that don’t have to do with nourishing the body. Since they each have various levels of addictive quality, ability to influence conscience, impact on conscience, etc., their legality v. illegality should be taken on a case by case basis. We do the same with medicine for similar reasons.

    • #301
  2. Ontheleftcoast Inactive
    Ontheleftcoast
    @Ontheleftcoast

    I can’t accept the premise that – at least theoretically speaking – the same rules have to apply to all drugs. A Swedish psychiatrist named Nils Bejerot looked at drug addiction from an epidemiologic perspective – which was interesting, since particularly for injectable drugs, a new user is typically taught how to use the drug by an experienced user, who might well “infect” many new users. Bejerot looked at the spread of opiate addiction during the “British experiment” of prescribing opiates to addicts, and of the spread of amphetamine addiction in Sweden.

    Basically, IIRC Bejerot said that in the early stages of spread of the use of any particular drug through a population, classical quarantine measures can work…. if one is willing to accept the loss of individual liberty. I think he said that for amphetamine addicts it might take two years of compulsory treatment under involuntary confinement.

    But once a drug has become endemic in a population, there’s no way to totally control it with legislation though that’s only for drugs that are intentionally consciousness altering and the resulting toxicomania.

    Also, what would you do about antibiotics, which between OTC sales in some parts of the world and promiscuous prescribing by physicians who are supposed to know better are rapidly losing their efficacy?

    • #302
  3. Jager Coolidge
    Jager
    @Jager

    Tom Meyer, Ed.:

    Asquared:

    I’m sorry, is the person who called most of Ricochet membership “anti-gay” taking offense at the phrase anarcho-capitalist druggie?

    Fred did no such thing.

    He called three public figures (none of whom are Ricochet members) “anti-gay.” Now, you may think that Fred’s characterization of those men was mistaken, or unfair, or mendacious, but it’s quite different than using that language to describe other members. Fred responded substantively on that thread and he and MJ rather patched things up, as I recall.

    This seems to be splitting hairs. He called three public figures “anti-gay”, but if Ricochet members hold the same or reasonably similar positions as these three public figures on SSM they are not “anti-gay”. So it is the fact that they are public figures and not their position on SSM that makes them “anti-gay”?

    • #303
  4. Tuck Inactive
    Tuck
    @Tuck

    Found this in my RSS feeds yesterday, thought you all might find it of interest:

    “…Generally, there seems to be little correlation between a country’s legal stance on cannabis and the prevalence of its use…. There does, however, seem to be a correlation between how severe the punishment is for drug possession and reported use (this is unsurprising, considering that people are probably terrified to admit smoking weed – even anonymously)….”

    What Percentage of Your Country Smokes Marijuana?

    It’s pretty clear from that survey that effective drug prohibition and freedom are incompatible.

    • #304
  5. Ricochet Member
    Ricochet
    @

    Umbra Fractus:

    Franco:Brian,

    I am simply objecting to something a lot of people are doing on this thread, including you. Taking outliers and stereotypes of stoners and using that to represent all of weed-dom and ignoring the vast problems with alcohol, and pretending there aren’t alcohol addicts and bums and ne’er-do-wells by the millions. So you haven’t ever met someone who smokes weed on a daily basis who has any intelligence, good -or bad for you, whatever. I’m telling you that that is not fair, because most marijuana smokers smoke only occasionally (just like most drinkers), and you probably don’t even know who they are but I bet you encounter them everyday.

    Hey don’t get me wrong, there are some great alcoholics out there! Especially the writers. Something about Scotch…

    Aren’t you doing the exact same thing? Comparing the worst case scenario regarding alcohol with the typical pothead? Yes, some people screw up their lives and even kill people while drunk, but the overwhelming majority of drinkers do not. I accept that that’s also true of marijuana, but it is quite clearly not true of meth, crack, heroin, etc.

    That’s my general principle: If a reasonable person can use it responsibly, it should be legal, otherwise not.

    The problem is that libertarians reject the “reasonable person” standard.

    No, I am using the outliers of alcohol to point out what would be the equivalent.

    • #305
  6. Ricochet Member
    Ricochet
    @

    I find it annoying when people label other people as ‘libertarians’ and the bash libertarians. No one here has claimed – maybe Fred as an exception – to be ‘libertarian’. The left does that all the time BTW. When some lefty at a party heard me defend Bush, her first words were “You’re a Republican?!” And then proceeded to lambaste me with all the things wrong with Republicans. Actually, I am not a Republican but I vote for them over Democrats. Big difference.

    I also believe in laws focused on behavior rather than focus on substances. The gun arguments are a good example. Some see guns as dangerous and want to control them (much more than they are already) as a safeguard to society. Others, like myself recognize that this is misguided. Take away guns and the weapon of choice will be cars fire knives bombs etc. Second, the kind of enforcement that would be needed to ban guns would be on the totalitarian level and to give government that much power is madness.

    My biggest argument for legalizing/decrinializing drugs is the alternative, a police state that isn’t stopping anything.People talk of legalizing drugs as though we will go from zero drug use to 35%. But the fact is that we are already at about 30% and I would guess it would increase, but not by much.

    • #306
  7. Ricochet Member
    Ricochet
    @

    Brian Watt:As to this argument about those who abuse drugs must already be losers – I had a very close friend in high school – 4.0 student, accomplished musician, brilliant mind for politics, science, languages and philosophy – could have easily been accepted to any top ten university in the country. After graduation he smoked weed virtually everyday. Two years later he moved to the East Bay and began dealing cocaine and speed and God knows what else – I know this because I had another friend of mine who was a county sheriff’s deputy in the same area who said that he was a well-known dealer to the police.

    Sad story, no doubt, but we really don’t know if weed was the cause. Often brilliant people are prone to madness and need relief. Loser is an unfair word, the point is that we really don’t know what wpould have happened. Besides, this happened when these drugs were illegal already, so apparently that didn’t work on your friend. In fact he decended into the world of the outlaws, which has other consequenses. We really don’t know if his life would have been different had these substances been legal and more resources spent on helping and monitoring drug abuse and addiction.

    But clearly, drug prohibition did not help your friend.

    • #307
  8. Ricochet Member
    Ricochet
    @

    I too had my two best frieds die of drug-related causes.

    The first guy who I’ll call Jim was an incredibly smart dynamic charismatic guy who I knew from age 12-26 when he died. His parents let him (and his friends) smoke cigarrettes in his room. After about 6 months, Jim stopped smoking, but the rest of us kept at it. I grew up in a very bad micro-generation being a 15 year old in 1969. Too young to be in college and have some maturity but old enough to score drugs which were becoming  the craze along with everything else. Jim was one of the crazy ones and the other thing we all did to excess was drink alcohol, and he drank a lot with me. At one point he dealt heroin from his appartment to junkies (retail) and I lived there for a while. Jim got clean but became a diabetic (mostly from the alcohol methinks) and died at 26 from a low blood-sugar event.

    Jim II was the one who was moderate in his drinking and wasn’t much of a drug taker. He went off to college and later became a music promoter in Chicago started owning night clubs and slowly became an alcoholic and heroin user/addict. By the time he was 35 , he lost his fortune and his businesses and returned to my area where we re-connected. He was trying to get clean but commited suicide by overdose.

    • #308
  9. Ricochet Member
    Ricochet
    @

    Brian Watt:

    Franco:

    Re: The claim about ignoring the problems with alcohol – I don’t think I’ve ignored them at all. In fact, I put them front and center when I asked if those proposing universal legalization of marijuana are prepared to accept even more traffic deaths if marijuana is as widely available as alcoholic beverages. I don’t think anyone responded except to claim that it was a well known fact that marijuana was much safer than alcohol. When I asked for studies – I was told to look them up. When I stated that for the statement that ‘marijuana is less dangerous’ to be true that the identical conditions of widespread availability for marijuana had to be on a par with alcohol for any claim to be substantiated. That comment was conveniently ignored.

    I put up some studies a few comments back albeit after you made this comment. I don’t think when something is patently obvious that it’s incumbent upon me to provide someone with links to studies.

    But you do not understand the effects of weed. Nor do you account for the fact that people already smoke weed and drive, and the numbers of THC traffic deaths is infintessimal compared to alcohol traffic deaths.

    In the next comment, I’m going to post a video of people driving THC intoxicated up to 15X the legal limit, and they STILL don’t compare to the danger someone 2X the legal limit of alcohol poses.

    • #309
  10. Asquared Inactive
    Asquared
    @ASquared

    Franco:I find it annoying when people label other people as ‘libertarians’ and the bash libertarians. No one here has claimed – maybe Fred as an exception – to be ‘libertarian’.

    FWIW, I typically claim to be a libertarian, but being candid, I’ve never heard anyone complain about being called a libertarian (libertine absolutely, but not libertarian).

    I do think anyone that calls for legalization of all hard drugs based on the premise that government should not prevent you from harming yourself, and it should only pass laws that address your potential harm to others could properly be considered a libertarian.  But, then again, I’ve never considered the word libertarian to be an insult.

    • #310
  11. Ricochet Member
    Ricochet
    @

    Note: They finally got these drivers stoned enough to make mistakes. Basically weed makes drivers more cautious – yes perhaps too cautious, but there is a fundamental difference in how weed affects people and alcohol. I’d like to see a study with people drinking alcohol that could complete a course at 5X the legal limit without police seeing a problem as observers. There are fundamental differences in how these two different drugs affect peoples driving and personalities.

    The point is, while it is safest to drive stone cold sober, I’d rather a potsmoker be my driver than a drinker. Wouldn’t everyone?  Legalization of weed will not produce more traffic deaths than say, raising the speed limit by 5 mph would, and I’d like them to do that in some places…I’ll take my chances.

    • #311
  12. Ricochet Member
    Ricochet
    @

    Asquared:

    Franco:I find it annoying when people label other people as ‘libertarians’ and the bash libertarians. No one here has claimed – maybe Fred as an exception – to be ‘libertarian’.

    FWIW, I typically claim to be a libertarian, but being candid, I’ve never heard anyone complain about being called a libertarian (libertine absolutely, but not libertarian).

    I do think anyone that calls for legalization of all hard drugs based on the premise that government should not prevent you from harming yourself, and it should only pass laws that address your potential harm to others could properly be considered a libertarian. But, then again, I’ve never considered the word libertarian to be an insult.

    Okay. It is a more libertarian position but that doesn’t make the person that holds that position “libertarian” necessarily. And to some, especially conservatives, it is an insult.

    I see too much of the following type of logic here:

    Rand Paul is a libertarian, libertarians are isolationist, therefore Rand Paul is an isolationist.

    Sorry for misunderstanding you on this.

    • #312
  13. Asquared Inactive
    Asquared
    @ASquared

    Franco:

    Asquared:

    I do think anyone that calls for legalization of all hard drugs based on the premise that government should not prevent you from harming yourself, and it should only pass laws that address your potential harm to others could properly be considered a libertarian. But, then again, I’ve never considered the word libertarian to be an insult.

    Okay. It is a more libertarian position but that doesn’t make the person that holds that position “libertarian” necessarily. And to some, especially conservatives, it is an insult.

    Yes, it is a libertarian position, but my point was, it is the reason for the position (laws should be based solely on the “harm to others” principle) that is an indication of libertarianism, not the position itself. As I articulated earlier in the thread, though it probably got lost in Fred taking offense at my offhand comment, I think a perfectly legitimate conservative case for legalizing some drugs is the costs exceed the benefits.  The position aligns with the libertarian position, but the reason for the position is decidedly not libertarian.

    For the record, (and inevitably, Fred will find this position immoral as he does all positions that differ from his), my own interpretation of the libertarian position on drug laws is that possession should be legal, but distribution could still be banned under harm principle, though I think the harm principle is more appropriate for the more destructive drugs like heroin and meth and less so to marijuana.

    • #313
  14. neutral observer Thatcher
    neutral observer
    @neutralobserver

    What if we made some drugs legal only if administered under supervision?  I’ve wondered what would happen if we said to  a heroin addict, you can have all the heroin you want if you check yourself into a locked facility where professionals would administer all the heroin you needed until you die from it.  Basic needs would be met (food, water, sanitary facilities) but no counseling, no treatment for drug addiction, etc.  Basically, if you want to ruin your life, go ahead and do it, but you’re not allowed to harm anyone else.

    • #314
  15. EJHill Podcaster
    EJHill
    @EJHill

    But the hits keep coming!

    CaptureDenver

    • #315
  16. Mike H Inactive
    Mike H
    @MikeH

    EJHill:But the hits keep coming!

    CaptureDenver

    Good thing our laws prevented that!

    • #316
  17. EJHill Podcaster
    EJHill
    @EJHill

    That’s legal attempted suicide. From CBS Denver.

    • #317
  18. user_645127 Lincoln
    user_645127
    @jam

    I don’t know if this idea has already been bandied about, but what if we legalized all recreational drugs, but make them by prescription only? If we treated them the same as legal/medical drugs?

    • #318
  19. Asquared Inactive
    Asquared
    @ASquared

    Jennifer Johnson:I don’t know if this idea has already been bandied about, but what if we legalized all recreational drugs, but make them by prescription only? If we treated them the same as legal/medical drugs?

    The obvious question is, how would someone obtain a prescription for, say, heroin?  It seems to me that doctors need a reason to prescribe a drug today, so what in your mind would be a sufficient reason for someone to obtain a prescription for heroin for recreational usage?

    If the intent is simply to regulate the price, quality, and quantity of recreational-use heroin, I would argue that a state-run dispensary not entirely dissimilar from the state-run liquor stores in many states would be better and certainly more efficient than a prescription system (though the issue of straw purchases would  need to be dealt with in either case).

    • #319
  20. user_645127 Lincoln
    user_645127
    @jam

    Asquared:

    Jennifer Johnson:I don’t know if this idea has already been bandied about, but what if we legalized all recreational drugs, but make them by prescription only? If we treated them the same as legal/medical drugs?

    The obvious question is, how would someone obtain a prescription for, say, heroin? It seems to me that doctor’s need a reason to prescribe a drug today, so what in your mind would be a sufficient reason for someone to obtain a prescription for heroin for recreational usage?

    It occurred to me that recreational drug users are, generally, self-medicating some kind of problem. They have some kind of pain they are trying to mask. So, why not put the drugs into the hands of doctors, who are better able to diagnose the real problem and offer real solutions? Under this scenario, presumably there wouldn’t be a lot of prescriptions for the drugs–prescriptions written would be for a real need, at least in theory. I think this would open the door to these drugs being used for real medical needs, assuming their are any.

    If the intent is simply to regulate the price, quality, and quantity of recreational-use heroin, I would argue that a state-run dispensary not entirely dissimilar from the state-run liquor stores in many states would be better and certainly more efficient than a prescription system…

    Yea I dunno. Not comfortable with that. Alcohol is first a beverage, secondarily a drug.

    • #320
  21. Asquared Inactive
    Asquared
    @ASquared

    Jennifer Johnson:

    Asquared:

    The obvious question is, how would someone obtain a prescription for, say, heroin? It seems to me that doctor’s need a reason to prescribe a drug today, so what in your mind would be a sufficient reason for someone to obtain a prescription for heroin for recreational usage?

    It occurred to me that recreational drug users are, generally, self-medicating some kind of problem. They have some kind of pain they are trying to mask. So, why not put the drugs into the hands of doctors, who are better able to diagnose the real problem and offer real solutions? …

    I would argue if they are self-medicating, then it isn’t really recreational use.  Also, I would argue you haven’t really moved the needle as some comparable form of most drugs is already available via prescription (and, I think I’m right that prescription drug abuse is currently a very large problem in this country.)

    • #321
  22. Mike H Inactive
    Mike H
    @MikeH

    Asquared:

    (and, I think I’m right that prescription drug abuse is currently a very large problem in this country.)

    Not as big of a problem as people who legitimately need pain relief or other controlled substances beyond what the government deems appropriate and threatens doctors with being locked up if they have too much compassion for sufferers.

    • #322
  23. user_645127 Lincoln
    user_645127
    @jam

    Asquared:I would argue if they are self-medicating, then it isn’t really recreational use.

    It seems to me that if they are involved in something illegal (ie, using or dealing drugs), then that is evidence that there is something else motivating them beyond the desire for recreation. There are plenty of legitimate recreational activities they could find if recreation was the sole motive.

    Also, I would argue you haven’t really moved the needle as some comparable form of most drugs is already available via prescription…

    Objectively, you may be right about that. But I do think the perception of those drugs would change.

    • #323
  24. Asquared Inactive
    Asquared
    @ASquared

    Mike H:

    Asquared:

    (and, I think I’m right that prescription drug abuse is currently a very large problem in this country.)

    Not as big of a problem as people who legitimately need pain relief or other controlled substances beyond what the government deems appropriate and threatens doctors with being locked up if they have too much compassion for sufferers.

    That is entirely likely, although given the abuse of prescription pain-killers that does exist, it seems to me that availability of prescription pain-killers is not as restrictive as your post implies.  Certainly, my relatives that became addicted to pain-killers had little problem getting addicted on prescriptions and it was only long after it became obvious that they wanted pills because of their addiction, not because of any pain, that supply became a problem.

    Your mileage may vary.

    • #324
  25. Asquared Inactive
    Asquared
    @ASquared

    Jennifer Johnson:

    It seems to me that if they are involved in something illegal (ie, using or dealing drugs), then that is evidence that there is something else motivating them beyond the desire for recreation. There are plenty of legitimate recreational activities they could find if recreation was the sole motive.

    I think it’s safe to say that their definition of recreation differs from yours.

    • #325
  26. EJHill Podcaster
    EJHill
    @EJHill

    From today’s UK Daily Mail:

    DailyMail

    This isn’t the way most propents of legaliztion remember how those studies went!

    HippoThis could explain some things. Especially that less active Hippocampus.

    • #326
  27. user_645127 Lincoln
    user_645127
    @jam

    Asquared:

    Jennifer Johnson:

    It seems to me that if they are involved in something illegal (ie, using or dealing drugs), then that is evidence that there is something else motivating them beyond the desire for recreation. There are plenty of legitimate recreational activities they could find if recreation was the sole motive.

    I think it’s safe to say that their definition of recreation differs from yours.

    No, actually, I have personal experience here in more than one way, so I don’t I’m too far afield.

    • #327
  28. Midget Faded Rattlesnake Member
    Midget Faded Rattlesnake
    @Midge

    Asquared:

    Also, I would argue you haven’t really moved the needle as some comparable form of most drugs is already available via prescription (and, I think I’m right that prescription drug abuse is currently a very large problem in this country.)

    OK, so restrictions on prescriptions should be even tighter than they are now?

    Certainly, my relatives that became addicted to pain-killers had little problem getting addicted on prescriptions and it was only long after it became obvious that they wanted pills because of their addiction, not because of any pain, that supply became a problem.

    My mother and I have both have had problems with maintaining even small supplies of controlled-substance prescriptions in our own names, though we’re both abstemious patients (regularly testing ourselves to see whether we can do without entirely, or taper down to half rather than full tablets). Mom has had particularly bad luck receiving timely pain prescriptions after surgery.

    As a result, both of us have resorted to what superficially appears to be “drug-seeking behavior”, such as prescription sharing or hoarding. My mother, being near-elderly, runs a lower risk of suspicion if she asks the doctor to “overprescribe” for her to make her supply last longer. But again that’s labeled “drug-seeking behavior”. Even though it often results from doctors and patients mutually minimizing hassle given unreasonable laws. Ridiculous laws pressuring non-addicts into mimicking addicts’ strategies in order to obtain reasonable care is an increasing problem.

    • #328
  29. user_280840 Inactive
    user_280840
    @FredCole

    Asquared: (and inevitably, Fred will find this position immoral as he does all positions that differ from his)

    Excuse me, but how does this advance the conversation at all?

    • #329
  30. Asquared Inactive
    Asquared
    @ASquared

    @Fred. You are correct. I did just say yesterday that I would take to heart that you were thin-skinned and I did not do so with that flippant aside. From now on, I will treat you with all the seriousness that the author of a daily humor column deserves.

    • #330
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