One of the more interesting debates in American politics today, and one of the few that transcends ideological lines, is whether or not marijuana should be decriminalized (punishable by fine instead of incarceration), or even outright legalized. Historically, liberals and libertarians have supported legalization, while conservatives have opposed it. Today, however, there seems to be some signs that this may be changing. More and more Americans on both sides of the political aisle have began to question marijuana prohibition.
It should be made clear that supporting legalization or decriminalization does not necessarily mean supporting the use of marijuana. I personally have never smoked marijuana, and would strongly discourage anyone from trying it. Still, this is not a valid reason to support prohibition. Most would also strongly discourage staying out all night partying before a test, but no one wants to pass a law making that illegal.
Laws are, by their very nature, restrictions on freedom. The more laws a society has, the fewer choices individuals can make. We can all agree that maximizing individual choice is virtuous in a free society. Not all choices are good, of course; doing drugs is certainly a bad choice. Still, government must allow individuals to make bad choices if true freedom is to exist. Making choices for an individual, even if it is a better choice than the person would make, is something government should never do, lest we give up our freedoms altogether.
Wait a minute here, some of you are probably saying. Don’t drugs lead people to become dependent on others? Won’t that mean I’ll have to pay higher taxes in order to support them? This is a valid point, but your criticism should not be directed towards legalized pot. It should instead be directed towards the welfare state, which is, again, a restriction on individual liberty. When a person makes a personal choice, that person should be prepared to live with the consequences.
Some might say that addictive substances should be outlawed, since (at least in theory) a person does not choose to continue using them. Nice try, but this is a bogus argument. Addiction is a word thrown around today with reckless abandon. You can find people “addicted” to everything from gambling to sex to rice crispy treats. Experts will tell you that alcohol, tobacco, and caffeine are addictive as well. Should we outlaw these? Whether or not someone is “addictive” does not override an individual’s personal responsibility. No one forced you to try marijuana the first time.
Is marijuana safe? No, it’s not. But again, this is not a reason to outlaw it. Drinking alcohol, listening to music too loudly, skydiving, hiking alone, eating at McDonald’s too often, and joyriding with Ted Kennedy are all unsafe activities, but no one in their right mind wants to criminalize these activities (save maybe for the last one). It should also be noted that no one has ever died of a marijuana overdose.
As Ethan Nadelmann points out in a recent issue of National Review, police arrest 700,000 people annually for marijuana offenses, almost the same number for heroine, cocaine, methamphetamine, and Ecstasy combined. About 87% of these arrests are for possession of small amounts. It seems to me we could be using our police far more efficiently than this.
The best way to handle marijuana is to simply legalize it, and modestly regulate it, much like we currently do with alcohol and cigarettes. “Sin taxes” roughly equivalent to what exists on cigarettes could be levied. No minors should be allowed to purchase marijuana, of course. But consenting adults should have this level of freedom.
Generally conservatives have opposed legalizing marijuana, but gradually this is changing. William F. Buckley, longtime editor of National Review, and prominent leader of the conservative movement, has been a staunch supporter of legalized marijuana. So is former Governor Gary Johnson (R-NM).
Conservatives should be leading the charge to reform marijuana laws. After all, it is conservatives who oppose the “nanny state” and believe in personal liberty. It is conservatives who fight for individual liberty and less government. It is conservatives who believe in personal responsibility and accountability. It is only natural that we should apply these same principles to marijuana.
We should do this not because we support drug use, but because we support freedom.
- John Brown (www.johnnorrisbrown.com) is a senior in political science at the University of Tennessee @ Knoxville. Contact him at johnnyb325@aol.com. This column originally appeared in the July 20, 2004 edition of The Daily Beacon, entitled "To conservative, marijuana synonymous with freedom", available here.