Towards a Worldwide Index of Human Freedom

262 • Towards a Worldwide Index of Human Freedom
“shortens” it (quoted in Husak and de Marneffe, 2005: 80). Yet is the
occasional cocaine sniffer really more debased than the chain smoker
dying from lung cancer?
What of “abusers,” those who “get into patterns of heavy chronic use,
which they did not anticipate and would prefer not to continue” (Kleiman,
1992: 28)? UCLA Professor Mark Kleiman argued that “all of the widely
used drugs—including heroin and cocaine, even smoked cocaine—can
be used safely if they are used in small and infrequent doses and at times
and places where an intoxicated person is unlikely to do or suffer injury”
(1992: 27-28). However, too often, in his view, this is not the case (causing
“failures of self-command”) (Kleiman, 1992: 30-41).
Even for drug users with severe problems, substance abuse may be more
a consequence than a cause. Wrote James Bakalar and Lester Grinspooon:
“Most differences between drug users and nonusers apparently precede
the drug use” (1984: 132). Researchers studying heroin addiction have
observed: “People who use heroin are highly disposed to having serious
social problems even before they touch heroin” (Robins, 1988: 264).
Unfortunately, people are capable of damaging their lives without
drugs. Indeed, individuals have found an infinite number of methods of
harming themselves, sometimes irrevocably. The Global Commission on
Drug Policy stated: “The factors that influence an individual’s decision to
start using drugs have more to do with fashion, peer influence, and social
and economic context, than with the drug’s legal status, risk of detection,
or government prevention messages” (2011: 13). Indeed, if the government
only reduces the availability of drugs, alcohol will remain available
as a potentially destructive alternative.
Attempting to nevertheless aid the immoral few still would not justify
a “war” on drug use by all. Improving opportunities for and decision-making
by a small minority would make far more sense than threatening to
imprison a much larger number of people (and a majority of drug users).
Even those who worry about drugs recognize the difference. Kleiman,
for one, wrote of being “somewhat more paternalistic when it comes to
choices about drug use” (1992: 45). That is a long way from militarized
criminal law enforcement in what purports to be a free society.
Respecting a moral right to use drugs
Individuals should have a legal as well as moral “right,” grounded in their status
as free, consenting adults, to use drugs recreationally. Treating drug use
as a morally legitimate freedom, or a moral right, is more than an abstract
philosophical exercise. Attorney John Lawrence Hill argued simply: “If the
state may not rightfully use the coercive sanction of the criminal law to prohibit
the ingestion of any of a variety of psychoactive substances, then these
other [practical] considerations are rendered moot” (1992: 102).
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