Does criminal law enforcement of drug laws benefit or harm members of the public at large?
Top While we are uncertain about the effect of criminal law enforcement against users and potential users, the imposition of criminal laws might be justified if those laws protect third parties from the antisocial acts of the users. Prohibition on drug use might be justified, for example, to prevent accidents caused by driving by a drug-intoxicated person or to prevent the spousal or child abuse resulting from drug intoxication. Again, however, as was the case with respect to the effect of drug laws on users, there is little reliable evidence of the effect of drug laws on third persons. The evidence that is available is construed differently by the interested parties. Different drugs also differ in their effects. Nonetheless, some evidence that is available – primarily gathered under our current regime prohibiting drug use – indicates that much of the current cost to the public from illicit substance use results from the high costs of drugs created by the prohibition itself. Some of th
