Effective Drug Control: Toward A New Legal Framework

those drugs and thereby reducing public disorder, economic
crimes related to addiction, transmission of disease, accidental
death, quantities of drugs consumed, initiation of use by young
persons and drug addiction itself, as well as criminal justice,
public health and social welfare costs.
A policy to achieve these objectives could only enhance the moral authority of the state.
PROTECTING YOUNG PERSONS FROM THE HARMS OF DRUGS
Among the public policy objectives to be served by any drug control strategy, the
protection of children is arguably the most important. To satisfy this objective, any
regulatory system designed to undercut illegal drug markets and to reduce the harm from
psychoactive drugs must distinguish between the rights and interests of adults and those
of children.
We often hear about “the message we send to children.” Unfortunately, young
people today receive many mixed messages, including, “Take a pill to feel better,”
“Drink beer and get drunk” and “just say no, except when you’re 21 you can drink.” In a
society that purportedly aims to be “drug-free,” young people witness excessive use of
both legal and illegal drugs by adults and are bombarded by commercial advertisements
promoting a wide variety of mind-altering, pleasure-inducing substances. The most
troublesome mixed message we now send to young people is that drugs are bad and
dangerous, but we still leave control of drugs up to criminal gangs rather than take
control over them ourselves, as with all other hazardous substances.
The attempt to fashion the appropriate parameters of a regulatory system for drug
control must address the following threshold issues:
1) Should young persons be legally prohibited from possessing and
consuming psychoactive substances?
Recent scientific findings have reformed previous notions about the early
development of the human brain and validate a public policy that seeks to prevent the use
of psychoactive substances that may impair the development of children and teenagers.
Some recent evidence suggests that the use of psychoactive substances before age fifteen
may be related to neurological problems, as compared with the initiation of use after age
nineteen. 592 Other recent evidence indicates that legally prescribed psychoactive drugs
present undue risks of harm to persons under age eighteen. 593
Whether or not drugs directly affect the developing brain, children’s limited ability to
make informed judgments renders them especially vulnerable to the adverse
consequences of drug use and preventing or delaying such allows for the development of
social competence and resilience to risk. 594 Therefore, where young persons’
vulnerability unreasonably exposes them to the potential harms from psychoactive drug
use, it is desirable and reasonable that young persons be legally prohibited from
possessing and using such drugs. 595