These notes are from a debate available in
streaming video at: http://www.cato.org/realaudio/drugwar/index.html
The initial speaker was Governor Gary Johnson of New Mexico.
He argued that:
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Legalization of drugs would lead to a decrease in drug use
(he did not really give reasons, but he implied that it rebellion against
the system was a major cause of use.
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He said that drug use was not really a serious enough offense
to justify the penalties that are typically imposed.
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He said that drugs were harmful, but that this should be
treated as a public health problem and we should try to change the culture
to discourage drug use as we have with smoking.
Prof Daniel Polsby, for legalization from a libertarian
perspective.
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Costs of the war on drugs itself are high, perhaps hifer
than the costs of the drug abuse itself.
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Drugs vary a lot, marijuana is relatively benign, amephtamines
cause people to quarrel, hype people up. Heroin smooths out your
day and helps you sleep.
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consequences of legalization to American economy are hard
to assess, it might stop the outflow of money to criminals. Retirement
might be earlier, more tax revenue, greater environmental protection, respect
for property rights....
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medications like Prozac might not be profitable if the legal
drug companies had to compete with unregulated producers.
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regulation of all drugs by the FDA would be called into question
- prescription drugs could be freely available. People seem to want
the government standing guard over medicines.
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At least initially, there would be more widespread use of
drugs - they would become mroe pervasive. They would be less expensive
and less trouble to get. More kids would experiment with pot if it
was available over the coutner. There would be a lot more heroin
addicts around, who would be marginal members of society. More heart
attacks and road rage due to amphetamines. More hippies.
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Compensating benefits: first principles: the
aim of public policy should be to minimize the sum of the social costs
of bad behavior vs. the costs of enforcement. If enforcement is ineffective,
it is not worth doing.
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Costs in surveillance and decreased personal liberty are
too high, especially since enforcement is not effective anyway. There
is plenty around despite our spending on enforcement.
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I do not agree with Governor Johnson that we are imprisoning
lots of innocent flower children, most of the people in jail are irredemiably
bad men.Lots of people plead guilty to a non-violent offense as part of
a plea bargain.
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We justify criminal law against behaviors that benefit an
individual and harm society. Smoking pot has a lot of harms:
makes you overeat, impairs short term memory, cut motivation, etc.
These costs fall on the user and are temporary. Lots of things we
do can cause problems for us.
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Fundamental distinction: blame people for their own
behavior rather than for the "things" that cause it: tobacco, guns,
drugs, TV, etc.
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Many illegal drugs other than marijuana are dangerous to
use and it is reasonable to want to live in a world where there are restrictions
onthe use, especially public use. But adults have the right to make
this choice.
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Even if you use in the morality of using criminal sanctions
to discourage drug use, it is wrong to treat this kind of behavior as equivalent
to murder, rape, robbery, etc.
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There is little evidence that drug use causes all the problems
attributed to it by anti-drug crusaders
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If we cut off the war on drugs we would have an extra $25
billion to spend on the problems legalization would cause.
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As a compromise, I suggest we legalize pot, make the other
drug offenses misdemeanors.
Former Attorney General Dan Lundgren against the legalization
of drugs.
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I am not a "liberatarian" but a conservative. Freedom
with responsibility, there are some limits on our freedoms - where do you
draw the line
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If you just value unfettered freedom, the consequences do
not matter (this is a Kantian argument, he us using as a straw man).
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Second argument: the approach we are taking is unsuccessful
- costs vs. benefits. But too many people's lives were ruined by
drugs, the "if it feels good, do it" philosophy.
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People need some assistance from the government in running
their lives. Children need to be protected - adults must sacrifice
some things for their children.
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An example: defacto legalization of marijuana in Alaska
by the court; the result was a doubling of the use of marijuana by
youth, at twice the level of usage in the rest of the country.
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Burden of proof lies with those who would change the law.
Costs in homelessness, unemployment, dropouts, lawsuits, medical costs,
mental illness, crime, child abuse, child neglect, would go up.
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Is the war on drugs effective? Depends on the part
of it? Increasing penalties for crack cocaine was done at request
of people from minority community.
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In the 1980s, we saw a reduction in drug use in this country.
Then in the beginning of this decade, we saw a doubling of use among young?
We had a consistent policy in the 80s, a consistent message. Hollywood
stopped glamorizing drugs. In the beginning of this decade, Hollywood
began glamorizing drugs again, saying it wasn't that important. Budgets
were cut for drug enforcement, President said he tried it once...
This caused a doubling of use, now we see a leveling off.. Private
sector was involved.
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Impact of legalization on us as a society would be too great.
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[Note reference to decade by decade changes in environment,
attributed to policy changes.]
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Zero tolerance policy in the military largely eliminated
drug use in military. Do we want police, airline pilots, etc. to
be on drugs?
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Changing policy will cause an increase in spending and have
destructive effects on society
Polsby's rebuttal: