Encyclopedia of Opinion
Question
Should we legalize all drugs?
Position1 of 3
Yes, all drugs should be legal
Argument1 of 5

Prohibition does not work

There is no way to win the war against illegal drugs, except by not fighting it.

The argument

Spending on drug enforcement in the United States skyrocketed beginning in the late 1980s, accumulating to over 1.5 trillion dollars spent fighting drugs by U.S. agencies between the 1980s and 2010. That figure is the measure of how seriously the policy was pursued, and it is what makes the outcome so telling: this was not a policy starved of resources or half-heartedly applied. Despite the aggressive and well-funded efforts of the world's wealthiest nation, U.S. drug addiction rates did not change significantly over the same time period, and the National Survey on Drug Use and Health determined that in 2017, approximately 38% of American adults had used illicit drugs. A policy is not judged by its intentions or its budget but by whether it achieves what it set out to achieve. On that test the verdict is unambiguous. If more than three decades and more than a trillion and a half dollars leave addiction rates essentially unchanged and illicit drug use as widespread as that survey reports, the failure cannot be attributed to insufficient effort, insufficient funding, or insufficient severity. There is no plausible version of prohibition that has not already been tried. The lesson of history is clear: just as prohibition did not work for alcohol in the early 20th century, it does not work for illicit drugs in the 21st century. The pattern is the same in both cases — demand persists, supply reorganises around the prohibition, and enforcement produces criminal markets rather than abstinence. Increasing public recognition of the failures of drug enforcement strategies has led to a decline in popular support for the U.S. war on drugs and calls for a new approach. The widespread use of illicit drugs is a fait accompli that legal authorities have proven unable to stop or even slow, which makes legalization and regulation the logical next step: if the trade cannot be eliminated, the remaining choice is whether it is governed or left to those who profit from its illegality.

Premises

[P1]Despite over $1.5 trillion spent on U.S. drug enforcement since the 1980s, addiction and illicit drug use rates have not meaningfully declined. [P2] Just as alcohol prohibition failed in the early 20th century, drug prohibition has demonstrably failed to stop or even slow widespread illicit drug use. [P3] When a prohibitionist approach has been proven unable to curb behavior, legalization and regulation become the logical alternative. [C] Therefore, all drugs should be legalized.

Counter-arguments

That enforcement has not eliminated drug use does not show prohibition 'does not work' or that legalisation would do better. Prohibition may still hold consumption well below what a legal, commercially available and advertised market would produce, so persistent use is not proof of zero effect. The alcohol analogy is weak, since alcohol was already deeply entrenched and legal before Prohibition. And the harm-reduction gains the argument wants can largely be captured by decriminalisation without a commercial legal market — which is the separate third position. The vast enforcement spending shows cost, not that a legal market would produce better outcomes.

Rejecting the premises

[Rejecting P2] Continued drug use under prohibition does not establish that use would not be higher under a legal, marketed market, so it does not show prohibition 'does not work.' [Rejecting P3] Harm-reduction benefits can be pursued through decriminalisation, so the failure of enforcement does not make full legalisation the only logical alternative.