Legalization of drugss
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Should America legalize non-medical drug use?
Introduction
It is puzzling that policymakers in the United States have chosen to define drug use from
a legal as opposed to a public health point of view. This approach has put the criminal justice
system at the center of the massive war on drugs. The drug war is an expansive movement with
roots in both the political and social fabrics of U.S. society. It is an effort that involves law
enforcement, courts, corrections, health care education, and a multitude of political groups. A
major concern is that the war on drugs has been largely ineffective as the increased consumption
of illegal drugs in the country shows. It is also unfortunate that drug use effects are
disproportionate, affecting minority communities more (Kornblum, 1991). This has prompted
calls for the legalization of nonmedical drug use in the country. The philosophical puzzle that
this essay seeks to explore is whether it would be rational for the United States to legalize the
non-medical use of drugs.
The essay argues a case for the United States not legalizing drugs for
non-medical use noting how legalization would increase casual drug users exacerbating
addiction which would increase the health burden and lower the society’s production
.
Exegesis
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William Kornblum in his 1991 publication
Drug Legalization and the Minority Poor
argues a case for the legalization of the controlled sale and consumption of drugs. He notes that
although drugs are largely introduced from outside the black communities, urban
minority communities continue to experience the greatest impact of drug use and drug-related
crime. This urban minority is the ghetto underclass which has been created by structural changes
in the U.S. economy mainly deindustrialization and class segregation (417). There is evidence
that deindustrialization and class segregation drifts people from these minority communities into
selling and using drugs and this explains the localization of drug markets in urban ghettos.
Unfortunately, these drugs come from outside these communities. Kornblum concludes that
although the legalization of drugs carries too many risks, a policy that would allow the controlled
sale of marijuana while continuing to prohibit the sale of highly addictive opiates and cocaine
could have several benefits (433). One of these benefits is that such a policy would add some
wealth and opportunity and wealth to the ghetto minority communities that have been largely
victimized in the war on drugs. Although Kornblum presents a convincing case for the
legalization of drug use he uses the term “controlled” which shows that the legalization should
be carefully thought to prevent nationwide opiate and cocaine addiction.
Paul Smith, in his 2002
work drugs, morality and law
, makes another interesting
argument that supports the legalization of drug use. Smith reviews various arguments in support
of drug use prohibition and finds them faulty. He describes these arguments as “liberty limiting”
and notes that they cause more harm than they prevent. Notably, prohibition gives criminals
control of the drug trade, criminalizes many, increases drug prices which turns many into thieves,
and distorts drug education(243). He concludes that drug use prohibition whether approached
from the Individual liberty rights or utilitarian approach is irrational and unjustified.
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John Stuart Mill in his 2014 work
On Liberty, by John Stuart Mill
outlines the harm
principle which is the idea that the right to self-determination is not unlimited. An action that
results in harm to another person is not only wrong but wrong enough that the state can intervene
to prevent that harm from occurring(5). When applied to drug legalization this principle would
support the prohibition of drug use and oppose the legalization of non-medical use for there is
evidence that drug use harms the body in some way.
Argument and assessment
The United States should not legalize non-medical drug use. As Kornblum notes, drug
use is a major issue that has the potential to lower economic productivity. Legalization would
increase the number of casual drug users and abusers creating health problems. These will in turn
lower productivity. This explains why Kronblum in his arguments only supports the controlled
legalization of Marijuana with the continued prohibition of opiates and cocaine. Hammond,
Dunn & Strain note that illicit drug use and addiction were major contributors to the global
disease burden. The authors note that already 7.6% of Americans are grappling with Substance
Use Disorders(57). This number would hit the ceiling if the government moved to completely
legalize the use of drugs for non-medical purposes.
The rap living wild by Gunna best shows how drug abuse and addiction harm the body. Gunna
raps
“Living wild: I just left the hospital, might need another liver
Kidney failures, I tell you this shit couldn't be no realer
My body and drugs too familiar, so it's hard to clear my system.”
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These lyrics show that drug abuse can cause kidney and liver problems that can consistently put
a user in the hospital. This is the damage that lowers productivity and increases the healthcare
burden.
The rap song Swimming pools by Kendrick Lamar echoes the sentiments of drug abuse
being harmful to the body and society by outlining how vodka influences behavior. Lamar raps “
I see the feelin', the freedom is granted
As soon as the damage of vodka arrive
This how you capitalize, this is parental advice
Then apparently, I'm over-influenced by what you are doin'
The damage that the legalization of non-medical drug use would do is apparent from
these two rap songs and the scientific study cited above. As Mill’s harm principle suggests, the
government should not loosen its grip on drug use. Drugs are a serious social problem that
causes harm to people. The government is thus justified in its sustained prohibition of substance
abuse.
Although Paul Smith makes rational arguments against prohibition laws he also
acknowledges the fact that drugs carry a major risk that society cannot overlook. He states “ drug
use harms not only the user but, indirectly, others too. By harming their own health and
personality drug users make themselves less good family members”(235). The takeaway from
this quote is that though prohibition laws may be irrational they are still necessary to prevent this
harm.
Conclusion
In conclusion, arguments made by Kornblum, Smith and Mill support the continued
prohibition of non-medical drug use. Uncontrolled drug use would cause harm to people and
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lower society’s productivity. Already 7.6% of Americans are grappling with Substance Use
Disorders and with the legalization of non-medical use of drugs this figure would drastically
increase. The government needs to continue protecting its members from harm in accordance
with Mill’s harm principle. A drug-free America is a productive America.
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Works cited
Gunna. “Living wild lyrics.” 2022< https://genius.com/Gunna-livin-wild-lyrics>
Hammond, Alexis S., et al. “Drug Legalization and Decriminalization Beliefs among Substance-
Using and Nonusing Individuals.”
Journal of Addiction Medicine
, vol. 14, no. 1, 2020, pp.
56–62.,
Lamar, Kendrick
. “
Swimming Pools (Drank) lyrics”. 2022<https://genius.com/Kendrick-lamar-
swimming-pools-drank-lyrics>
Kornblum, William. “Drug Legalization and the Minority Poor.”
The Milbank Quarterly
, vol. 69,
no. 3, 1991, p. 415., https://doi.org/10.2307/3350103.
Mill, John S., “On Liberty, by John Stuart Mill.” 2014
<
http://ebooks.adelaide.edu.au/m/mill/john_stuart/m645o/chapter1.html
>
Smith, Paul. “Drugs Morality and Law.”
Journal of Applied Philosophy
, vol. 19, no. 3, 2002, pp.
233–244.
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