For a New Liberty: The Libertarian Manifesto

The case for outlawing any product or activity is essentially the same twofold argument we have seen used to justify the compulsory commitment of mental patients: it will harm the person involved, or it will lead that person to commit crimes against others. It is curious that the general — and justified — horror of drugs has led the mass of the public to an irrational enthusiasm for outlawing them. The case against outlawing narcotic and hallucinogenic drugs is far weaker than the case against Prohibition, an experiment which the grisly era of the 1920s has hopefully discredited for all time. For while narcotics are undoubtedly more harmful than is alcohol, the latter can also be harmful, and outlawing something because it may harm the user leads straight down the logical garden path to our totalitarian cage, where people are prohibited from eating candy and are forced to eat yogurt “for their own good.” But in the far more imposing argument about harm to others, alcohol is much more likely to lead to crimes, auto accidents, etc., than narcotics, which render the user preternaturally peaceful and passive. There is, of course, a very strong connection between addiction and crime, but the connection is the reverse of any argument for prohibition. Crimes are committed by addicts driven to theft by the high price of drugs caused by the outlawry itself! If narcotics were legal, the supply would greatly increase, the high costs of black markets and police payoffs would disappear, and the price would be low enough to eliminate most addict-caused crime.

This is not to argue, of course, for prohibition of alcohol; once again, to outlaw something which might lead to crime is an illegitimate and invasive assault on the rights of person and property, an assault which, again, would far more justify the immediate incarceration of all teenage males. Only the overt commission of a crime should be illegal, and [p. 112] the way to combat crimes committed under the influence of alcohol is to be more diligent about the crimes themselves, not to outlaw the alcohol. And this would have the further beneficial effect of reducing crimes not committed under the influence of alcohol.

Paternalism in this area comes not only from the right; it is curious that while liberals generally favor legalizing marijuana and sometimes of heroin, they seem to yearn to outlaw cigarettes, on the ground that cigarette smoking often causes cancer. Liberals have already managed to use federal control of television to outlaw cigarette advertising on that medium — and thereby to level a grave blow against the very freedom of speech liberals are supposed to cherish.

Once again: Every man has the right to choose. Propagandize against cigarettes as much as you want, but leave the individual free to run his own life. Otherwise, we may as well outlaw all sorts of possible carcinogenic agents — including tight shoes, improperly fitting false teeth, excessive exposure to the sun, as well as excessive intake of ice cream, eggs, and butter which might lead to heart disease. And, if such prohibitions prove unenforceable, again the logic is to place people in cages so that they will receive the proper amount of sun, the correct diet, properly fitting shoes, and so on.