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18 Hofstra L. Rev. 607 (1989-1990)
The Moral and Practical Case for Drug Legalization

handle is hein.journals/hoflr18 and id is 617 raw text is: THE MORAL AND PRACTICAL CASE FOR DRUG LEGALIZATION James Ostrowski* INTRODUCTION This article presents a comprehensive argument for the legaliza- tion of consciousness-altering drugs. In Part I, the methodology of drug policy analysis is explored, drug prohibition is defined as the initiation of physical force against persons engaged in non-violent ac- tions and voluntary transactions involving prohibited drugs, and le- galization is defined as the removal of such force to a greater or lesser degree depending upon the form of legalization adopted in a particular state or nation.1 In Part II, a moral argument for drug legalization is presented.2 The theories of two contemporary philosophers, Douglas Rasmussen3 and Hans-Hermann Hoppe4 are discussed. Despite the fact that Ras- mussen and Hoppe start from different premises, both arrive at the conclusion that individuals have a moral right of self-ownership.5 Part III presents a cost-benefit analysis of drug prohibition. The major costs of prohibition include categories of crime costs, medical costs, economic costs, and miscellaneous costs.6 Prohibition stimu- lates a tremendous amount of crime and reduces the ability of the criminal justice system to deal with truly violent criminals. Prohibi- tion, by its very nature, threatens civil liberties and destroys the so- cial structure of the poorest neighborhoods. * Associate Policy Analyst, Cato Institute, Washington, D.C.; B.A. State University of New York at Buffalo, 1980; J.D. Brooklyn Law School, 1983. The author wishes to acknowl- edge the research assistance of Mark Phillips, Gilbert Moore Fellow in Law & Philosophy; M.A. New York University 1984; J.D./Ph.D. candidate, State University of New York at Buffalo, and Rachel M. Kane, B.A. State University of New York at Buffalo, 1986. I. See infra notes 12-75 and accompanying text. 2. See infra notes 76-154 and accompanying text. 3. See infra notes 89-99 and accompanying text. 4. See infra notes 100-13 and accompanying text. 5. See infra notes 114-22 and accompanying text. 6. See infra notes 155-98 and accompanying text.

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