An Argument for the Legalization of Drugs, Based on John Stuart Mills\' "Revised
Harm Principle"


The question of whether or not to legalize certain drugs has been
debated for decades. Although opponents have thus far been successful in
preventing this, there are nonetheless a substantial number of people who
believe that legalization should be given a chance. Their arguments range from
the seeming ineffectiveness of current drug laws to the simple premise that the
government has no right to prohibit its citizens from using drugs if they
choose to do so. This essay will address the issue from the standpoint of John
Stuart Mills\' "Revised Harm Principle˛," which asserts that people should be
free to do what they want unless they threaten the vital interests (i.e.,
security or autonomy) of others.
Using Mills\' principle as a litmus test for this issue leads one to come
down on the side of legalization. Since Mills is concerned not with individual
rights, but with the consequences of one\'s actions on other people, the question
becomes: Is drug use an action that, although performed by an individual,
threatens the vital interests of others? Using the example of a casual,
responsible drug user who is a contributing (or non-detracting) member of
society, it is clear that more harm is done to others if the user must resort to
illegal methods to obtain his drugs. The very act of buying drugs is
intrinsically illegal and carries the threat of establishing a criminal record
for the buyer. This can have a devastating effect on his family, his lifestyle,
and his career. The effects on society as a whole include more crowded jail
cells (prompting politicians to demand more jails be built), higher taxes to
support these jails, and the loss, or at least diminution, of a productive
citizen. In order to buy drugs illegally, the user may be forced to expose
himself to the fringes of the criminal world--something he would never do under
any other circumstances. If drugs were legalized, the criminal stigma would be
removed from their purchase, possession, and use. The government would collect
taxes on drug sales and, conversely, would not be spending millions of dollars
to stem the flow of illegal drugs. This increase in tax dollars could be put to
use in drug education and treatment programs for those individuals who are
unable to moderate their intake and subsequently become addicts. Then the
government would be intervening with its citizens\' lives in a benevolent manner
(and only when asked) rather than in a forceful, punitive way.
Many opponents to legalization point out that drug use leads to spousal
and child abuse, random criminal acts precipitated by the effects of drugs on a
user\'s inhibitions, and crimes committed to support drug habits. This argument
is fundamentally defective because it addresses the abuse of drugs, which is not
the issue here. When an individual\'s use of drugs leads him to harm others, it
becomes a behavioral problem. That is, the issue is no longer drugs, but the
behavior of the individual. If that behavior breaks a law, the individual
should be punished for that specific conduct--not for drug use. In its pure
form, drug use affects only the user, and the government is therefore acting
paternally when it regulates this behavior. This government regulation violates
Mills\' "Revised Harm Principle˛" as blatantly as would regulations against
sunbathing or overeating or masturbation.

A Rebuttal

When using John Stuart Mills\' "Revised Harm Principle" to argue for the
legalization of drugs, it is necessary to examine that principle (that people
should be free to do what they want unless they threaten the vital interests,
i.e., security or autonomy, of others) and define its terms. Proponents of
legalization argue that drug use is a self-regarding act and has no effect on
anyone other than the user. But drug use affects every aspect of society: it
affects the security of nonusers, and it affects the autonomy of the user.
If drugs were made legal and easily obtainable in this country, the
government would be relinquishing its role as protector of those citizens who
are unable to control their excesses. These people surrender their autonomy to
drug addiction, thus "selling" themselves into a type of slavery. It is true
that the decriminalization of drugs would remove much of the stigma associated
with them, but this would not be a positive change. It is that stigma that
keeps many law-abiding citizens from using illegal drugs, and thus keeps the
number of addicts at a minimum. Also, if drugs were legalized, the government
would not be legally able to force addicts into treatment programs, and the
number