Abstract
Arguments about whether or not to legalize and regulate the sale, possession, and use of cannabis for recreation can be framed as ethical debates. Typically, for example, an argument based on the four principles of biomedical ethics might note that this policy debate pits individual autonomy rights against the harms associated with increasing social acceptance of using cannabis. But these debates tend to rapidly devolve to arguments about data; what exactly are the benefits and harms associated with legalization? This makes it seem that people on either side of the legalization debate are mostly concerned about tangible benefits and harms associated with legalization. Yet, I argue, the legalization debate is actually a variation of long-running debates about harm reduction strategies in public health, which are about deeper concerns that won’t be resolved with more data. An alternative strategy for more productive ethical discussion is proposed.
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Notes
One legalization advocate in Colorado has said, “…take marijuana out of the hands of drug dealers and put the sales behind the counter, where it’s sold by regulated employees under camera, they’re just much more likely to ask for I.D.” (Robert 2017).
“External penalties” are those penalties not inherent to the activity itself, but that are imposed by society as a deterrent or as punishment for making a bad decision. So, for example, getting bronchitis from smoking cannabis is a penalty intrinsic to smoking it, but being arrested for possession and receiving a citation, or losing a college scholarship, would be external penalties.
In the famous prologue to this movie, cannabis is called the “Real public enemy number one!” and the results of smoking cannabis are described as follows: “Its first effect is sudden, violent, uncontrollable laughter; then come dangerous hallucinations – space expands – time slows down, almost stands still… fixed ideas come next, conjuring up monstrous extravagances – followed by emotional disturbances, the total inability to direct thoughts, the loss of all power to resist physical emotions…leading finally to acts of shocking violence…ending often in incurable insanity.”
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Wynia, M.K. The Compassionate Utilitarian: Reconciling the Competing Moral Values Behind Efforts to Regulate Cannabis Use. Int J Ment Health Addiction 16, 813–823 (2018). https://doi.org/10.1007/s11469-018-9903-y
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DOI: https://doi.org/10.1007/s11469-018-9903-y