The Problem With Legalizing Marijuana

As a criminal defense attorney, I have represented many, many people accused of smoking marijuana.  Most thought it was a harmless activity which brought momentary pleasure.

Be that as it may, I would tell them, it is also illegal and thus its use entailed the risk of harmful consequences in court.  Consider finding your pleasure, I would suggest, in lawful pursuits.

Of course, some continued to ignore the law’s proscriptions, but others mended their ways.  And that, after all, was the law’s objective.

 

The premise of drug laws is that the use of intoxicants should be discouraged.  Such drugs are bad for society since users are less likely to be contributing members in a number of ways.

So if deterrence is a worthwhile accomplishment, laws making marijuana illegal work.  We’re not talking about stunning success here.  Plainly, many people smoke “weed” in jurisdictions where its use remains against the law.

 

But I have no doubt that legalizing marijuana will surely increase the numbers using it.  Members of society who might have partaken, but for its illegality, will no longer be deterred.

Well, so what?  Is marijuana worse than tobacco or alcohol?  According to research, no and yes.  Apparently it’s not as addictive.  But it’s also a gateway to more damaging drugs like heroin and cocaine.  That’s not to say that the marijuana smoker will inevitably turn into a heroin addict, but there is a significant risk.  [There is also considerable evidence that pot smoking in young adolescents and young adults is harmful to their still-developing brains.] 

Libertarians contend, understandably, that adults have the right   to live by their choices.  Alcohol and cigarettes pose serious health problems.  And they are legal.  But traditional conservatives, certainly not antagonistic to liberty, ask if expanding the pool of people engaging in potentially dangerous activities is good for society as a whole?