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. Mike H Inactive
    Mike H
    @MikeH

    Asquared:

    Here is where you and I differ. Once we eliminate the welfare state, I’m fine with legalizing all drugs and allowing 300 million uneducated immigrants to enter our country. On the other hand, once we legalize all drugs and allow 300 million uneducated immigrants to enter our country, you are fine with eliminating the welfare state.

    Not exactly, all are moral imperatives. The welfare state, immigration restrictions, and drug restrictions are all morally bankrupt. When something immoral is happening it doesn’t give you permission to do other immoral things in an attempt to compensate. Fred (and I) will take any and all combinations of eliminating these three things in any amounts.

    • #91
  2. Tuck Inactive
    Tuck
    @Tuck

    Pelayo:

    This reflects my view as well. As long as my tax dollars are being used to support drug addicts who are unable to work or are a danger to society then I should have a say in what is legal or not.

    This is how Socialism invariably leads to Totalitarianism.

    • #92
  3. Ricochet Member
    Ricochet
    @GrannyDude

    Ryan M:@kate, here you run into a causality correlation problem. I might also say that every successful business dinner I have ever attended has in some way included alcohol, right?That doesn’t prove that alcohol was the catalyst, merely that it is prevalent. It is true that bad actors often (nearly always) drink… Same can be said of poverty.Nearly everyone qualifies for a public defender. Liberals say that poverty causes crime, and I disagree. Something else contributes to both crime and poverty and that creates a correlation.

    Oh, I wasn’t saying that we should ban alcohol (please don’t—I do love my little glass of beer) or that alcohol causes bad things…it just makes bad things that much more likely to happen.   “Drunk and stupid” = job security for folks in the death biz. Drinking tends to makes even the brightest of us stupid (er).

    Drugs, too, make us stupider even as they can make us feel smarter and better able to grasp profound truths—which is why it’s so tiresome to be the only sober person in a room.

    Both drugs and alcohol can be addictive, by which I mean that they can induce a profound and potentially fatal mental illness that is very difficult to treat and can’t really be cured. If you layer addiction on top of an existing mental illness, then you are really in a pickle, and many of the really awful mental illnesses like Bipolar and Schizophrenia tend to fluoresce in the late teens and early 20s, precisely when kids are moving away from parental supervision and likely to experiment with drugs.

    Basically, if it’s good (glass of wine with dinner) it’s good. If it’s bad, it’s a nightmare.

    I like the libertarian position, and I think I would have loved it as a young person but the older I get, the less impressed I am with human free will. I think we have it, that is, but not much of it, certainly not nearly as much as we mortals imagine we’ve got.  Like, maybe, 10% of our decisions are genuinely free, but we imagine it’s more like 80% or (if you’re Fred) 99 %.

    • #93
  4. Asquared Inactive
    Asquared
    @ASquared

    Frank Soto:

    I realize I’m acting as Fred’s lawyer and PR agent in this thread, but might I recommend that you not read Fred’s comment as dismissal of the idea that there is a connection, but an effort to get you to explain the connection in a holistic manner, rather than trust everyone shares your assumptions.

    I’ve interacted with Fred on this very topic before.  I feel safe in saying that while Fred is vaguely in favor of eliminating the welfare state, he sees absolutely not need to modify the welfare state before making all drugs legal or allowing 300 million illiterate immigrants into our country.

    Just yesterday he, protested that no welfare recipient should be tested for drugs if they were legal, and even if they weren’t, so he clearly has a bigger problem with our drug laws and immigration policy than he does with the welfare state.

    • #94
  5. Midget Faded Rattlesnake Member
    Midget Faded Rattlesnake
    @Midge

    Valiuth:

    Inability to function properly is a good standard because if a person is impaired they become a danger to themselves and others. Furthermore they are willfully abrogating their own freedom by impairing their mental abilities. If you have charged the state with protecting your freedom then they are obliged to protect your freedom even from yourself (kind of how we lock up the suicidal). Essentially drug addicts are incapable of making rational choices about their well being because of their addictions.

    Now I agree that not all drugs are equally debilitating or addictive, so clearly we can have tolerance for certain substances under certain circumstances. Really you need to evaluate each drug on a case by case basis, for the harm it can and does cause.

    On the other hand, inability to function is highly dose- and purpose-dependent. A kid stealing a handful of his sibling’s ADD medicine in order to get high is different from a kid stealing a tablet or two to stay up studying for an exam (not that either should be encouraged – kids need their sleep, and are generally better off learning more regular study habits).

    A person carrying around a few opiate tablets, even if illegally obtained, to restore function during outbreaks of severe pain is different from a person carrying around those tablets in order to get messed up at a party.

    With respect to pharmaceuticals. I would agree that any substance should be allowed to be prescribed by a doctor if it has a clear beneficial medical effect and is manufactured by some reputable source (ie. someone the FDA inspects) the least debilitating substance available that can help.

    Are you saying you want a centralized agency to make the decision of which drug is the least debilitating? If so, why?

    So you can give someone heroine or morphine for sever pain (ie. just fell of a roof and broke all my bones) but not for a common headache (take aspirin). Of course given that we have many opiates available it isn’t clear to me why heroine is needed medically.

    I suspect there’s probably a reason heroin is preferred in certain palliative care cases. Just going by Wikipedia (I know, I know):

    The advantage of diacetylmorphine over morphine is that diacetylmorphine is more fat soluble and therefore more potent by injection, so smaller doses of it are needed for the same analgesic effect. Both of these factors are advantageous if giving high doses of opioids via the subcutaneous route, which is often necessary in palliative care.

    • #95
  6. Asquared Inactive
    Asquared
    @ASquared

    Mike H:

    Asquared:

    Here is where you and I differ. Once we eliminate the welfare state, I’m fine with legalizing all drugs and allowing 300 million uneducated immigrants to enter our country. On the other hand, once we legalize all drugs and allow 300 million uneducated immigrants to enter our country, you are fine with eliminating the welfare state.

    Not exactly, all are moral imperatives. The welfare state, immigration restrictions, and drug restrictions are all morally bankrupt. When something immoral is happening it doesn’t give you permission to do other immoral things in an attempt to compensate. Fred (and I) will take any and all combinations of eliminating these three things in any amounts.

    But, the ORDER is vital. That remains my point.  And a point the Fred disagrees with.  I would be more than happy to eliminate all three, but you can only create a stable society if you eliminate them in the proper order.

    FWIW, I do absolutely hate the notion that because the government pays for something, they get to protect you from hurting yourself (I used to argue vehemently that seat-belt laws were unconstitutional), but the hard reality remains that it does matter, and what annoys me about Fred’s view is he gives no thought to the inevitable consequences of his favored policies, and that implies to me that he is not a serious thinker, he is just another anarchist libertarian (eg, Fred once called me something like a communist because I defended the ability of municipalities to have zoning laws).

    • #96
  7. Frank Soto Member
    Frank Soto
    @FrankSoto

    Asquared:

    Frank Soto:

    I realize I’m acting as Fred’s lawyer and PR agent in this thread, but might I recommend that you not read Fred’s comment as dismissal of the idea that there is a connection, but an effort to get you to explain the connection in a holistic manner, rather than trust everyone shares your assumptions.

    I’ve interacted with Fred on this very topic before. I feel safe in saying that while Fred is vaguely in favor of eliminating the welfare state, he sees absolutely not need to modify the welfare state before making all drugs legal or allowing 300 million illiterate immigrants into our country.

    Just yesterday he, protested that no welfare recipient should be tested for drugs if they were legal, and even if they weren’t, so he clearly has a bigger problem with our drug laws and immigration policy than he does with the welfare state.

    As Mike says, this is because Fred considers government laws outlawing drug use immoral.  That’s his standard.  Fred is also very much in favor of eliminating the welfare state, but he doesn’t consider it a prerequisite for drug legalization the way you (and me(sort of)) do.

    The good news is that polling shows that drug testing for welfare benefits is a popular position.  You can get that without Fred’s approval.

    • #97
  8. Spin Inactive
    Spin
    @Spin

    Fred Cole:So why is inability to function your standard? And would you prohibit heavy pain meds like one gets after surgery? Or would you allow them only with a prescription? And then would you allow heroin by prescription? And what about cocaine?

    I said why.  when I typed “Here’s the rationale”.

    I wouldn’t make any substance absolutely illegal.  I said “recreational.”  I would say this class of drugs I’ve outlined by principal you’d need a prescription to get.

    As to the question of heroine and cocaine:  if they fall into that class of drugs, then yes, by subscription.  I don’t think cocaine falls into that category, from what I understand.  But again, I’d leave the selection of what falls into the category and what don’t to the experts.

    • #98
  9. Ricochet Member
    Ricochet
    @

    It might be a good thing to prohibit drug use IF they could do more than what they are doing. But they aren’t accomplishing the goal, so we have the worst of both worlds operating concurrently.

    That is, anyone of any age can pretty easily get any drug they want now. Any argument that pretends this isn’t so should be immediately rejected.

    If legalisation lends ‘legitimacy’ or some kind of moral sanction, then alcohol, gambling and pornography must be moral and you have no argument as to why your kids shouldn’t do these things.

    This is pathetic coming from conservatives.

    • #99
  10. Asquared Inactive
    Asquared
    @ASquared

    Frank Soto:As Mike says, this is because Fred considers government laws outlawing drug use immoral. That’s his standard.

    Well, Fred also finds zoning laws, national borders, the Republican Party, and people who are insufficiently supportive of SSM immoral.  I get the distinct impression that Fred finds government and virtually every individual person immoral, so I’ve generally gotten the point where I no longer care what Fred finds immoral.  It simply isn’t that useful of a metric.

    • #100
  11. Ricochet Inactive
    Ricochet
    @MatthewSinger

    Ed G.:

    Aaron Miller:Agreed with Mendel on the need for humility here.

    On that note, all drug laws should be state or local laws, not national laws. Anything that can be handled at the local level should be.

    Until it runs into interstate commerce (which includes commerce in bilaterally illegal or unilaterally legal products); then the feds have a legitimate role.

    I would argue that at the point that it becomes interstate that the fed only should have jurisdiction on those parts which are actually interstate, such as transporting across state lines.

    • #101
  12. Ed G. Member
    Ed G.
    @EdG

    Asquared:…..FWIW, I do absolutely hate the notion that because the government pays for something, they get to protect you from hurting yourself (I used to argue vehemently that seat-belt laws were unconstitutional), but the hard reality remains that it does matter, and what annoys me about Fred’s view is he gives no though to the inevitable consequences of his favored policies, and that implies to me that he is not a serious thinker, he is just another anarchist libertarian (eg, Fred once called me something like a communist because I defended the ability of municipalities to have zoning laws).

    I believe the preferred dichotomy is either anarchocapitalist or statist. There is no inbetween. I suppose in a broad sense that’s true: I value government as a boon to and a necessity for civilization. Beyond that sense, though, it’s not particularly helpful.

    • #102
  13. Aaron Miller Inactive
    Aaron Miller
    @AaronMiller

    Respecting individual liberty is easier said than done in regard to many drugs. While entering into the risk of addiction can be a free decision, addiction undermines free will. The drug user is in effect using his freedom to eliminate his freedom in pursuit of fleeting thrills.

    That is a point I think legalization advocates sometimes miss. Even when a drug harms mainly the user himself, the ban is often intended not to lord over another’s choices but rather to preserve that person’s freedom overall. It is meant to prevent slavery entered into by voluntary consent. It restricts minor freedoms to preserve major freedoms.

    But it is common in many theaters of life for present choices to eliminate future choices. So the legalize or outlaw strongly addictive drugs is a fallible judgment call, not an inevitable deduction.

    • #103
  14. Frank Soto Member
    Frank Soto
    @FrankSoto

    Aaron Miller:Respecting individual liberty is easier said than done in regard to many drugs. While entering into the risk of addiction can be a free decision, addiction undermines free will. The drug user is in effect using his freedom to eliminate his freedom in pursuit of fleeting thrills.

    This is a fair point, but often of limited value.  The effects that undermine free will are generally temporary, and often rather short.  A person using cocaine in their home, and not leaving it until they have recovered isn’t really of any concern to society at large.

    That this person is hindered in reaching their full potential is no more an issue for society at large than people who fail to reach their full potential because of laziness.

    • #104
  15. Tom Meyer Member
    Tom Meyer
    @tommeyer

    Jager:

    Tom Meyer, Ed.:

    Now, a second question might be whether — even if we agree such drugs are a severe social ill — whether law enforcement is the best way to do handle them.

    If not law enforcement then how to you propose to handle the drugs that are a severe social ill.

    It might make more sense to destroy the drugs when found (without actually seeking them) and then focusing efforts on treating addicts. I suppose that’s more a decriminalization thing than a “get law-enforcement out” thing.

    • #105
  16. user_280840 Inactive
    user_280840
    @FredCole

    Frank Soto:Need to get more members in the same room with Fred so they realize he doesn’t ask these questions in bad faith. Fred is a teddy bear.

    No way.  They’ll end up finding out that I’m just a schmo, and not the arch-Machiavellian super-genius provocateur they all think I am.

    • #106
  17. Midget Faded Rattlesnake Member
    Midget Faded Rattlesnake
    @Midge

    Ryan M:

    Fred, who has zero experience either in the use of or observation of any of these things, boldly claims that they should all be treated the same … based on what, exactly?

    He doesn’t have zero experience with controlled substances, just experience diametrically opposed to what you have to witness every day in your job. As do I.

    Recreational drug use isn’t just about the drugs themselves, but also about the culture of irresponsibility that surrounds them. It’s very tempting to want to blame the irresponsibility on the drugs themselves, and the people who use drugs most irresponsibly are naturally the most visible. And obviously, certain drug usage in an otherwise healthy, normal person will cause impaired cognition.

    But then there’s the drug epidemic you don’t hear about – the silent “epidemic” of squares such as myself or Fred who have, at one point or another, found controlled substances the least-bad option for restoring functionality, and (at least in my case) find the process of attaining them legally such a hassle that they’ve resorted to illegal means out of sheer exasperation. And yeah, it does piss me off that, in the eyes of the law, this makes me a criminal. And the directions in which our laws are headed isn’t a good one.

    • #107
  18. user_280840 Inactive
    user_280840
    @FredCole

    billy:Fred Cole, you have very neatly delineated the divide between conservatives and libertarians.

    The libertarian seeks general rules which can be applied always, in every specific circumstance.

    I completely reject this completely.  Conservative believe in principles.  (Or at least the ones I know do).  I’m asking people to state the principle that guides them here.

    • #108
  19. Ricochet Member
    Ricochet
    @

    Aaron Miller:Respecting individual liberty is easier said than done in regard to many drugs. While entering into the risk of addiction can be a free decision, addiction undermines free will. The drug user is in effect using his freedom to eliminate his freedom in pursuit of fleeting thrills.

    That is a point I think legalization advocates sometimes miss. Even when a drug harms mainly the user himself, the ban is often intended not to lord over another’s choices but rather to preserve that person’s freedom overall. It is meant to prevent slavery entered into by voluntary consent. It restricts minor freedoms to preserve major freedoms.

    But it is common in many theaters of life for present choices to eliminate future choices. So the legalize or outlaw strongly addictive drugs is a fallible judgment call, not an inevitable deduction.

    So that person’s ‘freedom’ will be granted by the state while in prison or probation?

    You do know that there are vast numbers of Americans addicted to alcohol, gambling and porn, right?

    • #109
  20. user_280840 Inactive
    user_280840
    @FredCole

    Mendel:But when we deign to know what the outcome of legalizing methamphetamines would be, are we not demonstrating an equivalent level of hubris?

    How you of all people could say this boggles my mind.

    Look, speed prohibition is a new phenomenon.  Speed used to be available commercially and widely used.  We know the effects of it being legal.

    It wasn’t until the ’70s, when Uncle Sam stepped in and banned the stuff that it went underground.  So the negative consequences of prohibition, crystal meth and all its problems, the black market in Ritalin and Adderall, and everything else, are a consequence of the prohibition.

    And add speed prohibition to the list of prohibition failures.  In the 1970s people began synthesizing their own speed, so Uncle Sam stepped in and banned certain chemicals.  So the speed makers changed recipes and used different chemicals.  So the government banned those.  And back and forth, and back and forth, up to the present day when Sudafed is behind the counter, and there’s a cap in some places on how much you can buy in a day.

    • #110
  21. user_280840 Inactive
    user_280840
    @FredCole

    Aaron Miller:

    Agreed with Mendel on the need for humility here.

    Humility would be not presuming to know what’s best for everyone.  Humility would be realizing that there isn’t a government solution to every problem.  Humility would be the acceptance that drug prohibition is an utter failure.

    • #111
  22. user_280840 Inactive
    user_280840
    @FredCole

    Brian Watt:I also have the right to live in a community free from dangerous behavior fueled by meth, LSD, heroin and other drugs that could hurt or ruin my life, my family’s lives and my neighbors’ lives…

    And alcohol too, right?

    • #112
  23. user_7742 Inactive
    user_7742
    @BrianWatt

    Tom Meyer, Ed.:

    Jager:

    Tom Meyer, Ed.:

    Now, a second question might be whether — even if we agree such drugs are a severe social ill — whether law enforcement is the best way to do handle them.

    If not law enforcement then how to you propose to handle the drugs that are a severe social ill.

    It might make more sense to destroy the drugs when found (without actually seeking them) and then focusing efforts on treating addicts. I suppose that’s more a decriminalization thing than a “get law-enforcement out” thing.

    What does “without actually seeking them” mean? Don’t engage in any investigative work at all? Should we wait until a meth house explodes and then declare – “Well, look at that there’s a meth lab in that house that caused it to blow up. We probably ought to take a closer look. That might’ve killed someone.”

    MethHouseExplosion

    • #113
  24. Frank Soto Member
    Frank Soto
    @FrankSoto

    Fred Cole:

    billy:Fred Cole, you have very neatly delineated the divide between conservatives and libertarians.

    The libertarian seeks general rules which can be applied always, in every specific circumstance.

    I completely reject this completely. Conservative believe in principles. (Or at least the ones I know do). I’m asking people to state the principle that guides them here.

    Now to state a possible counter (that I don’t agree with, but should be mentioned) most conservatives are going to argue against rocking the civilization boat whenever possible.  Some may oppose marijuana legalization simply because it is largely untested in the U.S. and the downsides can only be guessed at.

    That is a principle, even if it leaves what appear to be similar substances under separate rules.

    I would point out that Chesterton didn’t say never to tear down a fence, but simply that you should know why it was put there in the first place before doing so.

    • #114
  25. Frank Soto Member
    Frank Soto
    @FrankSoto

    Brian Watt:

    What does “without actually seeking them” mean? Don’t engage in any investigative work at all? Should we wait until a meth house explodes and then declare – “Well, look at that there’s a meth lab in that house that caused it to blow up. We probably ought to take a closer look. That might’ve killed someone.”

    Methlabs can explode.  Houses also burn down because of drunken accidents.

    • #115
  26. user_280840 Inactive
    user_280840
    @FredCole

    Mendel:Given that “people want to get [expletive] up” (as Chris Rock so elegantly put it), might history suggest that, through trial-and-error, human societies have decided that alcohol has the best risk/benefit profile of all psychoactive substances tested?

    That’s one possible explanation.  A simpler one would be availability.  Cocaine, heroin, and speed weren’t isolated until the 19th century, LSD wasn’t created until the 20th century.  Marijuana can only be grown in certain places.  Ditto for opium.

    Alcohol can be produced anywhere (see: Pruno), one only requires some kind of cellulose.  So you can produce it anywhere in the world, in any time period, with any available plant matter.

    • #116
  27. Ryan M Inactive
    Ryan M
    @RyanM

    Frank Soto:

    As Mike says, this is because Fred considers government laws outlawing drug use immoral. That’s his standard.

    I get what you’re saying, but I don’t get for the life of me why you would be trying to defend this.  You’re right; it is like an atheist trying to have a conversation about morality with a hard-nosed Christian.  “why?”  “because God says so.”  “But I don’t accept your God.”  ok…  well, I guess we have to leave it at that, right?

    From where, exactly, does Fred derive this religious sense of morality, which he obstinately places above all other considerations?  It is immoral for the government to do XYZ; great, that’s a fine argument (and yes, it is his eternal fall-back argument) if a person accepts that said government action is indeed immoral.  But here’s the kicker – I don’t accept the notion that all government action is immoral.  I don’t accept the notion that the use of force is always bad.  I don’t accept the notion that anything involving the state is necessarily “statism” (interpretation:  that is “satan” in the religion of big-L libertarianism).

    So we’re attempting to have a debate without ever agreeing on terms, then?  Fred may as well write a post that says “all government action is immoral,” which is an underlying assumption that is necessary for his end-all argument that inconsistency in government action is somehow bad.

    As Mendel pointed out, there is such a vast difference – going back all through history – between things like alcohol and heroin, that if we’re not willing to accept that, there is no point in having the discussion at all.  China, for instance, felt so strongly about the negative impacts of opium on its society that it went to war (multiple times) over the issue, and at some point even imposed a death penalty for opium.  Pretty serious business.  It is only for those who adhere to a religious belief that any and all regulation/prohibition is immoral to argue that opiates and alcohol should be treated the same.  I don’t accept that faith.  Call me a heretic if you must, but it is a faith without any basis in anything at all … someone convince me why on earth I should want to convert?

    • #117
  28. user_280840 Inactive
    user_280840
    @FredCole

    Asquared:Fred likes that other drugs don’t have this negative feedback loop,

    Um … I do?

    • #118
  29. Spin Inactive
    Spin
    @Spin

    This is why we need threaded conversations.  So the “Fred’s just trying to trick us” comments can go someplace and not disrupt the rest of the convo.

    • #119
  30. Ryan M Inactive
    Ryan M
    @RyanM

    Fred Cole:

    Frank Soto:Need to get more members in the same room with Fred so they realize he doesn’t ask these questions in bad faith. Fred is a teddy bear.

    No way. They’ll end up finding out that I’m just a schmo, and not the arch-Machiavellian super-genius provocateur they all think I am.

    I don’t think I ever made that argument.  Religious zealot, yes; super-genius provocateur, no.

    • #120
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