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DRUG LEGALIZA- TION A PHILOSOPHICAL ANALYSIS CHRIS MEYERS Drug Legalization Chris Meyers Drug Legalization A Philosophical Analysis Chris Meyers George Washington University Washington, DC, USA ISBN 978-3-031-17004-1 ISBN 978-3-031-17005-8 (eBook) https://doi.org/10.1007/978-3-031-17005-8 © The Editor(s) (if applicable) and The Author(s), under exclusive licence to Springer Nature Switzerland AG 2023 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. 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The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland P reface Drugs and drug policy affect the lives of millions of people every day, sometimes for the better but more often for the worse. Most people are well aware of the potential detrimental effects of illicit drugs, though they can also be beneficial when used responsibly. But drug prohibition can be equally detrimental for those whose lives it affects. My own family pro- vides good examples of both. I have an older brother who has struggled with addiction to alcohol and methamphetamines throughout his adult life, much of which was spent either homeless or in jail. My older sister, by contrast, has been impacted more by the prohibition of drugs than by personal use. Though she developed a serious cocaine habit in her 30s, her real troubles began when she was coerced into selling coke after her drug dealing boyfriend skipped town. She was later tortured by her drug cartel supplier and then busted by the feds for trafficking. Thankfully, I have been much more fortunate in my experiences with illicit drugs. Two of the best decisions I ever made (both of them rather late in life) were to start growing marijuana and to start using psychedelics. But this book is not about personal experiences, mine or anyone else’s. Although I may toss in the occasional story for the purpose of illustration, the focus of this book will be on evidence and arguments. My aim is to provide a critical and balanced review of the drug legalization debate, examining and assessing arguments on both sides. This book should be of special interest to students studying moral philosophy, political science, or public policy since we will examine many important moral/ political issues, including liberty, paternalism, punishment, political v vi PREFACE obligation, legal moralism, utilitarianism, justice, the nature of law, rights and liberties, and the public good. Nevertheless, the book is written pri- marily for activists, policy makers, and concerned citizens interested in drug policy and related social and political issues. Both reformers and their critics would benefit from a careful, structured, comprehensive analysis of the arguments on each side of the debate. Washington, DC, USA Chris Meyers c ontents Part I B ackground 1 1 The Question 3 2 Just the Facts 25 Part II M orality 53 3 Religious Prohibition of Drug Use 55 4 Is it Morally Wrong to Use Drugs? 71 5 Morality and the Law 99 Part III L iberty 119 6 Liberty and the Right to Get High 121 7 Libertarianism and Laissez Faire Legalization 143 8 Paternalism and Preventing Self-Harm 163 vii viii CoNTENTS Part IV Criminal Justice 179 9 Crime and Punishment 181 10 The War on Drugs and Civil Rights 203 Part V The Public Good 225 11 Social Consequences of Drug Prohibition 227 12 Social Consequences of Drug Legalization 253 13 Alternatives to Prohibition and Legalization 273 Part VI I mplementation 295 14 Belling the Cat 297 Index 307 PART I Background CHAPTER 1 The Question Like most professional philosophers, I am a theory guy. My line of work involves analyzing concepts and constructing arguments; I leave the story- telling to the historians and the journalists. While this book reflects that theoretical orientation, I want to start with a little anecdote to help frame the primary question of our inquiry. It is a story of how, on one early spring afternoon in 2016, I found myself strolling along the hiking trail of a small town in Mississippi, tripping out of my gourd on psilocybin mushrooms. Needless to say, that is not how I usually spent my Sunday afternoons. But I had been reading a lot about drugs for this book and the research sparked an interest in the therapeutic potential of psychedelics. I had learned about a UCLA study in which psilocybin was given to twelve ter- minal cancer patients suffering from severe anxiety and depression [1]. With the help of the drugs, these patients were able to come to grips with their impending mortality. After the experiment, all twelve participants registered much lower levels of anxiety and an increased sense of peace and acceptance. All but one showed decreased signs of depression. The psy- chedelic trips allowed the patients to think more objectively about the difficulties they faced, without the despair and fear that would normally accompany such thoughts. These benefits continued long after the effects of the drugs had worn off—for weeks or even months. © The Author(s), under exclusive license to Springer Nature 3 Switzerland AG 2023 C. Meyers, Drug Legalization, https://doi.org/10.1007/978-3-031-17005-8_1