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Libertarian 101: What is the Libertarian position on drug Prohibition?

DEA agents breeching house
DEA agents: Regulating your behavior through force

Libertarians believe, first and foremost, that you didn't commit a crime unless you harm a person or their property. Basically, your rights end at your neighbor's rights. Meaning, do what you want, live your life how you choose; but when you infringe on another citizen's rights of property and safety, you have committed a crime. 

Obviously, smoking a joint doesn't meet those requirements of criminal activity. 

It's not that libertarians necessarily approve of the behavior; we simply realize that Prohibition doesn't work. Moreover, we understand that it does more to make Americans unsafe than any other single factor. 

First let's take a look at history. From 1919 to 1933 the Federal government outlawed the manufacture, transport, sale, and consumption of alcoholic beverages by way of the 18th Amendment. Widely supported by a popular majority of well-meaning religious groups in 36 of 48 states, citing the societal decay and "deviant" behavior under the influence of alcohol, they decided to establish a law banning its use for everyone. 

Soon thereafter, major unintended consequences came to the surface. Firstly, gangs immediately filled the void. Mafia groups soon moved out of small-time thievery and gambling and into bootlegging and racketeering. In turn, corrupting law enforcement and creating an arms race between the rival gangs. Secondly, otherwise law abiding Americans became criminals overnight, leading to widespread disrespect for the "rule of law". On top of that, not having that $500 million of tax revenue annually had a devastating effect on government budgets. Lastly, the cost of enforcement, with no way of measuring its impact, was enormous and wholly ineffective, with nearly 100,000 "speakeasy clubs" operating in New York alone. 

Sound familiar? Libertarians would liken those consequences to what we are seeing now in the midst of the "War on Drugs". Only instead of Al Capone and the Mafia, we have Bloods, Crips, and the advent of the drive-by. Not to mention an ever expanding library of dangerous drugs made of household poisons. Talk about unintended consequences. 

Fortunately, they saw their folly and repealed the 18th Amendment in 1933. Unfortunately, in 1969 Nixon replaced it with a Federal "War on Drugs" policy that remains in place now. 

Currently, the government at all levels, confiscates $40 billion with a 'B' per year of taxpayer money to fund the "War on Drugs". And it has only risen. At the same time, as usual, there are no statistics on the effectiveness of such programs. But do you feel like your kid would truly have a difficult time obtaining an "illegal" drug? Gives you an idea of the real-world effectiveness doesn’t it. This is 30 odd years later mind you. 

Instead, over 1 million Americans are incarcerated every year due to "War on Drugs" initiatives.

Not to mention the millions more who commit property crimes to support their increasingly expensive drug habit. Drug prohibition inflates the cost of drugs, which leads users to steal to support their behavior. An estimated 25% of auto thefts, 40% of robberies and assaults, and 50% of burglaries are committed by drug addicts. Prohibition puts your family and property at risk.

Also, during Prohibition, the murder rate rose 70%. Since the "War on Drugs" began, our murder rate has nearly doubled; a clear cause and effect that Libertarians see as dangerous to innocent Americans.


Stop the madness.


Let law enforcement focus on crimes that actually hurt people and their property. Just about half of police resources are dedicated to stopping drug trafficking. Putting those cops on the street could dramatically reduce the number of violent crimes. 

Libertarian philosopher Paul Hager makes a case that drug prohibition violates the principles of the limited government outlined in the Constitution. He asserts that alcohol prohibition required a Constitutional Amendment because it was not a power granted to the Federal government. Likewise, drug prohibition would require the same formidable Constitutional amendment process.

Simply, if a power isn't explicitly handed to the central government in the Constitution and not prohibited by the State, it is not a power they can legally impose. It, in turn, is a right of the people. Obviously, that hasn't stopped them enforcing it anyway.

Instead, we get the DEA, ATF, and FBI coordinating drug investigations not only in America, but around the world. 

So, if you like "no-knock" warrants, draconian taxes, and the central government legislating your private behavior, then keep voting for the current buffoons. Otherwise, you might want to think about the Libertarian answer.

Congressman Ron Paul:
 

 

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Denver Libertarian Examiner

Barry is a 29-year-old married father of one. He has been living in Denver for 10 years by way of Toledo, OH. A former small business owner, Barry...

Comments

  • walrus 2 years ago
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    the answer is simple...when you go to jury duty, if the case is a drug case (without violence), then find the defenant Not Guity. If asked why, state your belief that this expensive court time would have been better spent on protecting us from violent crimes than to prosecute someone who just wanted to be "happy"

  • Jeremy Davis 2 years ago
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    Yeah,I feel the same way....its a waste of time to try to prosecute someone over non sense like smoking a joint yes it does jepordize safety of others and is againist the law going to court over it is a little extreme just right them a ticket and fine them. If they dont pay the ticket then lets go to court. They (police) need to spend more time focusing on who is distrubuting these drugs and narcotics and people committing murder,rape,child molestation and things of that nature.

  • scottportraits 2 years ago
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    Yeah, spread the word about jury nullification in non-violent drug possession cases.

    That's what juries are for.....to be the conscience of the law.

  • wannabeTomPetty 2 years ago
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    so get to the point lets smoke another joint!

    If I can some cigs that kill and drink I should be able to toke as well its a lot less dangerous to my friends and family! Hey Barry will you bail me out if I go stand on the corner smoking weed holding a sign that says "I have the right to smoke what I want to smoke"? I will surly be wearing a smile if I do it.

    Have you check into this globally? It is legal in more countries than we realize, And I would bet that they have a lower crime rate and less gang activity.

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