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| Carl S. Milsted, Jr. |
Legalizers claim that drug use ó even hard drug use ó is a victimless crime; unless a user commits some other crime, such as robbery or violence, the only person harmed by the drugs is the user. Laws against drug use are thus a violation of natural rights.
The drug warriors would beg to differ. They claim that hard-drug users are bad citizens: lazy, violent, criminal, and/or negligent in their family obligations. Because hard drugs are associated with such bad behaviors, cracking down on such use is morally justified.
So, who is right?
I must admit the drug warriors have a point. Who wants to live by a
crack house ó even it is a legal crack house? Who wants to marry a
crack addict? More importantly, who thinks itís OK for their spouse to
become a crack addict after the marriage contract has been signed?
All that said, responsible hard-drug use exists. Some people who
partake in hard drugs are good neighbors, pay their debts, have
successful careers and happy families. In fact, some are far more
successful than the norm. Just read the sports pages: superstar
athletes testing positive for drugs that the drug warriors claim
automatically turn you into a loser.
Going after all recreational drug users because many are criminals or
deadbeats is an example of profiling. Itís not as bad as racial
profiling, since drug use is a choice whereas race is not, but itís
still profiling.
Not convinced? You say you donít care about the rights of drug users? Very well, I have a much more important point to make.
The term ìVictimless Crimeî has operative significance! Even if you
donít care about the natural rights of drug users, even if you think
some injustice is warranted for the overall good of society, there are
very good reasons to take victimless-crime laws off the books.
When a victimless crime is committed, there is no victim to call the
police. If a drug dealer sells to a willing buyer, there is no one hurt
by the transaction, no one to cry foul. When the purchaser partakes in
a responsible manner, the same applies: There is no one to call the
police. The existence of victimless-crime laws on the books results in
at least one of the following:
1. The law is flouted by many. Fear of law enforcement diminishes.
Lawbreaking becomes a normal occurrence, thus losing its stigma.
2. Legislators try to restore fear of law enforcement by imposing
draconian penalties on the small fraction who are convicted. Love of
law diminishes as people see its unfairness in action.
3. Law enforcement resorts to surveillance, paid testimony and/or
entrapment in order to improve the conviction rate. The Bill of Rights
gets trashed. A police state is created.
The Drug War has resulted in all three! This is why I am so passionate
to end it, why I have devoted three columns in a row to the subject. I
have no desire to partake in hard drugs for non-medical reasons.
Caffeine, chocolate, and wine are quite sufficient. And I think anyone
foolish to even try concentrated cocaine or opiates.
The right to use hard drugs is not the issue. Liberty and the rule of
law are. At home, the War on Drugs has resulted in gang wars, loss of
respect for the legal system, clogged courts, ridiculous sentencing
guidelines, ruined lives, higher taxes, commonplace use of entrapment,
and loss of privacy. Abroad, it has funded civil wars and terrorist
organizations, and led our government to support regimes with bad
records of human-rights violations ó all in a futile effort to enforce
victimless-crime statutes.
But as the drug warriors rightfully point out, drug abuse is not a
victimless crime. If a drug user is a bad neighbor, fails to pay debts,
fails to take care of family, or leeches off the welfare system, we
have victims to do the reporting. No police state necessary!
We could make drug abuse a crime and still have rule of law. Mandatory
rehab could be enforced on those who have proven that they cannot
handle their high. This applies not only to hard drugs, but even to
drugs now legal, such as alcohol.
We could save tax money, end prison overcrowding, defund world
terrorist organizations, restore the Bill of Rights, and do a better
job of reducing drug abuse than we do today.
ï
Carl S. Milsted Jr., former chairman of the Libertarian Party of
Buncombe County, may be contacted at cmilsted-at-holisticpolitics.org.
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