An Approach to Marihuana Legislation

Abstract

I propose to devote the bulk of this discussion to practical considerations in the control of drugs. However, it is probably useful to begin by taking a position with regard to the more abstract issue; whether or not the prohibition of behavior whose direct effects are limited to the indidual is within the function of the state. Those who feel it is not, argue with respect to drug use: the individual has the absolute right to ingest whatever substances he wishes; that the state has'no more right to intervene with respect to the use of harmful drugs than it does with regard to harmful overeating. Those who take the contrary position argue: the harmful effects of drug use are not limited to the individual; it burdens society in a variety of ways such as drug-related crime, driving hazards, increased welfare costs for the user and his children, etc.; and such use is a source of infection for adolescents. Since society is thus adversely affected by the drug use, opponents argue that the state is entitled to prohibit such drug use in the public interest.