Does Drug Legalization "Work"?
I recently posted a couple of statements on social media advocating the legalization of all drugs, and several people responded to the effect that legalizing drugs doesn’t “work.” One guy directed me to what was happening in Vancouver. Drug deaths and visible use on the streets actually increased following the 2023 implementation of their experimental program. British Columbia obtained a three-year federal exemption to decriminalize the possession of up to 2.5 grams of certain illicit drugs for personal use. The policy’s goals apparently were to reduce the stigma associated with drug use, connect users with health services, and decrease criminal justice involvement. From this standpoint, the program has had mixed results. But due to the negative aspects, the policy has been amended. Drug use is now restricted to private residences, shelters, and designated health facilities. In public areas, police can compel individuals to cease drug use, seize their substances, and issue fines or make arrests for non-compliance.
These changes certainly make more sense, and I wish the province success with the rest of its three-year program. However, as much as I think this might be a step in the right direction, this kind of decriminalization is not at all the same as legalization. With decriminalization, the manufacture and sale of drugs like heroin, cocaine, and meth are still illegal. Because of this, the black market — which is what causes the violence — still exists. This kind of program can never fully “work,” because decriminalization has only been applied to one aspect of the process. Because there is still a black market, it is unsurprising that accidental overdoses increased, as there is little incentive for manufacturers to ensure their products are of good quality (and no recourse for customers who consume tainted product). This issue would quickly disappear if all laws against the manufacture, distribution, and use of drugs (by adults) were removed. That is what I mean by legalization. Sometimes the term is used to describe what has happened in many areas with marijuana, where the government permits manufacture, sale, and use, but under its guidelines and with heavy taxation. That, however, is not what I am advocating (although this too would be a step in the right direction).
In any move from our current statist way of doing things towards a more laissez-faire approach, it is important to carefully think about how to make the transition with as little disruption as possible. There are likely to be better and worse strategies, and if we ever get to the point of legalization, we’ll want to carefully look at this initiative in Vancouver, as well as Portugal’s twenty-year experiment in decriminalization. But we need to recognize that what they’ve done is far different from the kind of legalization I am advocating. So in reality, we don’t have any empirical evidence on how legalization “works.” But then, we don’t need any. Because it is a mistake to think about whether or not a moral imperative “works.” Did freeing the slaves “work”? There was a lot of disruption involved — in fact, millions died in the war that ended slavery in America. Even after the war, there was a lot of suffering and disruption, both for the freed slaves and for their former owners. We can argue and debate about how this process might have been handled better, but there can be no legitimate argument that the slaves should not have been freed.
While making drugs legal isn’t of equal moral magnitude, the same principle applies. Preventing adults from consuming whatever they like is simply morally wrong. It is a violation of their individual rights. Pragmatic or utilitarian considerations are irrelevant in terms of whether or not we should eliminate the rights violation. The only consideration should be how best to accomplish the morally necessary goal.
Doing the right thing doesn’t mean there won’t sometimes be unfortunate outcomes. That’s just not how the universe operates. But Ayn Rand taught me that the moral IS the practical, so in the long run, I believe legalization will lead to greater human flourishing. That said, people have free will, and it’s possible that legalization will result in more people becoming addicted to drugs. It’s even possible more people will die. That would be sad, but doesn’t change anything. There are always people who can’t handle freedom. They make poor choices. But that does not give anyone the right to intervene in their lives, unless they are violating someone else’s rights (or in the rare instances that mental incapacity can be proven). More importantly, it doesn’t give anyone the right to interfere in my life. The smart and competent should not be held hostage to the “needs” of the stupid and incompetent.
If you allow pragmatic concerns about safety to dictate what adults should be “allowed” to do, you have given up on freedom. Maximizing safety would potentially necessitate eliminating gun ownership, preventing people from driving cars, keeping young men under house arrest until their brains fully form in their late 20s. But a just society is not oriented around maximizing safety, but rather maximizing freedom. North Korea’s city streets may be safer than those of New York or Chicago — but I doubt any of us want to live there. I know I don’t. Freedom isn’t always pretty, and it isn’t always easy. But it IS necessary for human beings to thrive and achieve their full potential — and that is what I want for myself and for my country.


>it is a mistake to think about whether or not a moral imperative “works.”
Agreed!
Just discovered this quote from Lincoln today, and it seems relevant. (The war on drugs is a war on Americans and America and relies on hypocrisy.)
"As a nation, we began by declaring that 'all men are created equal.' We now practically read it 'all men are created equal, except negroes' When the Know-Nothings get control, it will read 'all men are created equal, except negroes, and foreigners, and Catholics.' When it comes to this I should prefer emigrating to some country where they make no pretence of loving liberty -- to Russia, for instance, where despotism can be taken pure, and without the base alloy of hypocracy [sic]."
— Abraham Lincoln, Letter to Joshua Speed, August 24, 1855
Stewart, you are always so eloquent with your thoughts on very complex subjects. This one is especially good because your clarification on legalization, decriminalization, and how we transition to true individual freedom applies to so many aspects of civilization. And as long as we have the altruists on the left and the Christian Nationalists on the right, we may never see the freedom of which you and I both envision is necessary for us to thrive. My friend from Seattle visited Vancouver recently with his two children. He returned shocked by the open scenes of people with needles hanging out of their veins in Zombie states. Keep up the good work!