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Why Drugs Can't Be Legalized

A lot of people talk about legalizing drugs. Or "decriminalizing" drugs. That can't happen. At least not without undoing a whole lot more laws than just the recreational drug prohibitions. (Not that I wouldn't be in favor of this happening.)

First, let's consider what would happen if marijuana were legalized. It's probably safe to say that this is one of the drugs for which legalization is most often suggested. If marijuana were legal, you could theoretically go down to your local smoke shop and buy some. Of course, you'd probably have to be 21; I can't see Big Tobacco allowing marijuana to be more accessible than tobacco or alcohol.

And since it is just a plant, people would probably start growing small crops for personal use. And others would grow slightly larger crops to share with friends and family; and maybe to sell at roadside farm stands.

Whoa. Wait a minute. That can't happen; if you have to be licensed to sell alcohol and/or tobacco, you must have to get a special "marijuana vendor" license. Otherwise the bars and package stores would get bent out of shape and we'd have to undo the liquor licensing laws.

Anyway, before you know it, Big Business would discover the profit potential of selling marijuana to the mainstream. No longer an industry for thugs, hippies, and mobsters, Big Marijuana would undergo rapid consolidation. Small farms would get bought up by big corporations. Your local hippy would no longer be able to make a profit selling loose joints, as the big Megafarms would price them right out of business. (I can see the ads now: "Support local farmers. Smoke local dope.")

Marijuana would, of course, be subject to the same types of regulation that go into other products intended for human consumption. That is to say that the Government would have to more or less deem it "safe" for people to smoke up. Packs of joints would carry a Surgeon General's warning. ("WARNING: This product may reduce brain function. Do not operate heavy machinery.")

Now that we've got marijuana legalized, let's consider the next step. Legalization of other street drugs? Nah, we'll wait on that. How about decriminalizing possession and sale of prescription drugs? Big Pharma has got to be in favor of this one: imagine the volumes and profit margins on "safer" recreational drugs. After all, these have been checked out by the FDA and have been determined to be "safe".

The counterargument is that the FDA's "safe" determination is no longer valid because people will exceed the recommended dosage because they aren't taking the drugs under the supervision of a physician. News flash: just because the doctor prescribes the pills doesn't mean that everybody follows the prescription under the current system. "Sharing" and selling of unused portions of prescriptions is widespread, even among children in schools.

At this point, we're teetering on the edge. If you take the next step and legalize any old street drug, then you've got to wonder why we even have an FDA or any kind of drug approval process? Wouldn't this kind of thing be better left to Good Housekeeping or Consumer Reports? Maybe this would even create a market opportunity for a new kind of ratings industry. ("Try new Ecstasite. Reformulated for a longer high, and now with the Good Housekeeping seal of approval! Available at a Walgreens in your neighborhood.")

Wow! I see budget deficits going away overnight. We've got the "sin tax" revenues from drugs (I can't see any escape from this) combined with the savings from getting rid of the drug portion of the FDA, we start to gain a little headway. Add to this the fact that the DEA, ONDCP, and whatever other agencies related to the so-called War On Drugs are now 100% irrelevant and you have budget surpluses as far as the eye can see. (Don't worry about it. Congress will find a way to spend it. Probably on subsidies to marijuana and poppy farmers.)

All of these gains would be offset somewhat by the unemployment payments that would have to go to government workers who suddenly become irrelevant as a result of the Great Legalization. We would have to find them new jobs, too. (Probably not as poppy farmers, although we would probably create such a program. Don't want to become too dependent on foreign poppy, you know.)

Think about the effect that this would have on search-and-seizure procedures. Since there's no longer such a pressing public benefit (i.e. seizure of contraband), many searches, warrants, wiretap requests, etc. would suddenly become unconstitutional again. All those poor doggies at the border would be forced into retraining and relegated to sniffing at airports for people trying to smuggle parrots into the country.

Wrong: "Ha! Had you fooled. We're looking for terrorists now. Good thing we spent all that time getting ready with the War On Drugs." You didn't seriously think that the government would give up all of those hard-fought powers granted by the Supreme Court, did you?

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Last update: 1/8/2003; 11:17:20 PM.