Decriminalization and Legalization

Arguments for Drug Legalization

Proponents of drug legalization base their arguments mainly on the failure of prohibitionist and punitive drug policies in the United States to deter the abuse and sale of illicit drugs. Accordingly, policies based on strict law enforcement and incarceration have long proved to be ineffective and counterproductive, and the “war on drugs” has been lost. Under the prohibitionist regime, drug abuse prevalence has already increased to such an extent that legalization can hardly make this situation worse. Therefore, drug use should not principally be a matter of law enforcement. It might well be possible under a legalized system to have effective policies and prevention programs to curb drug abuse.

Drug legalization advocates further assert that the current prohibition-based legal system, besides failing in preventing drug prevalence, is a major factor in increased criminality in the United States. According to this point of view, drug prevalence fuels violence and street crime, such as theft and robbery. It is because prohibition results in increased drug prices, which forces addicts to commit such crimes to afford their habits. Furthermore, inflated drug prices make illicit drug trade a very lucrative business for criminal organizations. Therefore, drug prohibition serves as a catalyst for the flourishing of organized crime and its accompanying corruption. Besides, violent “gang warfare” has been rampant among organized crime groups who fight to control the production, trafficking, and distribution of illicit drugs. These arguments are also supported by many scientific studies, which find that drug prohibition is the leading cause of drug-related violence and higher homicide rates, particularly in urban communities. For instance, the noted economist Milton Friedman, a leading drug [Page 176]legalization advocate, estimated that prohibition and criminalization of drugs causes more than 10,000 deaths each year in the United States. If illicit drugs were to be made legal, many drug-related crimes would not be committed, and neighborhoods would likely be safer. There would no longer be organized crime and violent drug cartels since drugs would be provided by the government and would be available in the legal market.

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