Okay, if I sell a high school kid a couple grams of heroin, and he ODs and dies, was a crime committed? Or, is it that individuals, and his family's fault for not influencing him to make better decisions/or showing him how not to die while getting high?
Hey, reducing the competition my kids will face?
I'm all for it!
I'm gonna play devil's advocate for a minute here. Let's say we made everything legal. Pot. Meth. Cocaine. Heroin. Got rid of the entire concept of schedules. For the purpose of discussion, we'll ignore the medicinal prescription drugs.
So what if, years later, the toll to society has become very dire, such that it threatens the existence of society? Not saying it would, but just for the sake of the discussion, let's say that such conclusion is demonstrable; proven.
Does society have the right to tell people they can't do some things because those things have been proven to devolve society?
And if society has that right, do the results of those studies then matter?
ETA: I'm not advocating anything here. I'm just asking what you think.
Do you want the police to be able to smoke pot on the job. (they can smoke tobacco)
how about truck drivers?
ambulance drivers?
how about your heart surgeon before surgery? (You wouldn't want him to uptight)
who decides who it is legal for and who it isn't. When can you do a doob and when can you not?
employers?
the public?
no not the public, that would by like elected officials or something?
How about in public? The guy getting sloshed next to me has zero affect on my drunkenness. The guy smoking a joint does however have an affect.
Full disclosure, I have gotten to work stoned because I was stuck in traffic behind a guy smoking a blunt. Should I just stop breathing?
I don't buy that at all. In my college days I went to class NOT stoned after being stuck in the same room with several people smoking pot. I'm not saying there's no such thing as contact high, but I'm calling bull**** on your traffic story.
So your answer is no, no crime was committed?How does the scenario play out with alcohol?
Just keep repeating that question until every prohibitionist argument falls apart.
So your answer is no, no crime was committed?
If an action leads to "real, provable, demonstrable, existential harm" against another party, then we're talking real crimes with real victims. This is the kind of thing that a government is right to outlaw and punish. Liberty is not endangered by punishing people for victimizing others.
But, the above description does not apply to drug prohibition. There is no provable harm in owning a warehouse full of drugs.
I can't think of any prohibition-related crimes that fit your criteria.
Under current laws, yes a crime was committed. Should it be a crime? That's the current discussion.
So the answer is yes. There is a point where government/society can say, no you can't do that. Okay, so let me talk through both sides of the argument on legalizing drugs.
Consider a drug like Meth. It is so addictive that for a certain percentage of the population, taking it for the first time will cause addition. A certain population of Meth addicts will die. Manufacturing is inherently dangerous, such that a non-trivial number of cooks will harm others during the manufacturing process. Possession itself doesn't cause harm, but leads to harm, not limited to just the doers, but other innocent people around them.
An argument can be made that manufacturing or distributing a product like meth, knowing the real, provable, demonstrable, existential harm it does to individuals directly involved or not, is more than society should allow. That's the argument against legalization.
No, I don't agree, and this falls outside the very specific criteria that you laid out yourself. You said if X happens, Y will result, every time. That's utterly unlike the War On Drugs. A person could create a meth lab the size of Rhode Island without harming anyone.
I'm not at all in favor of laws that are based on correlations and statistics. Nothing I wrote supports it.
Going down that road leaves you conceding that if violence reaches X level, then weapon bans are legitimate. If public nutrition reaches X level, then government can ban foods and plan our diets. If disease reaches X level, then government can control our health care choices. No way. Debating statistics is conceding that rights do not exist; that they are revokable privileges that can be taken away if/when the math is right.
Thank you, Doug, for a reasonable and well-articulated argument.
Of course, I don't agree with it and I certainly wouldn't call it a 'libertarian' argument.
Freedom-lovers are not interested in your risk threshold calculations. It is not my place nor the government's place to calculate risks and prohibit activities based upon those calculations. If it was, I could probably find some pretty good statistics that would demonstrate the need for gun control.
The very act of performing that 'risk calculation' is the role of a nanny. That's what a nanny does when the boy is jumping on the couch, or the girl is eating too many cookies.
I don't want or need the government performing risk analysis on my activities.