That being said, society should have the ability to evaluate its laws based on a cost-benefit analysis. Whether the costs of exposing more children to marijuana and trying to enforce impaired driving laws are outweighed by the benefits of lower drug enforcement and incarceration expenses is an open question. As with the death penalty, practical considerations may trump moral imperatives. What say you?
I actually disagree with this sentiment.
While laws should have some sort of cost/benefit relationship the underlying factor should not be whether or not this ambiguous entity called society benefits but rather is your freedom impeding on others.
Drug laws, for the most part, clearly fail this rule because your personal decisions on what to stick in your own body have next to zero impact on my freedoms. As long as you are not impacting my rights, you should b allowed to do as you please.
As far as cost/benefit goes though, drug laws fail miserably at that and prohibition proved such when we were forced to repeal it.
To be frank, 'society' would benefit from a completely caged and controlled populous. We would all live longer if we were forced to exercise, our complete diet was controlled and we lived under some authoritarian vision of 1984 but we are not looking for what is best for our longevity or even our happiness. What we are looking for is giving each and every man the opportunity to make these things for themselves and freedom.
Drug laws are an absolute failure by any measure whatsoever and need to be done away with. What the hell is a victimless crime? Why are you allowed to claim it is your body when you want to kill your unborn child and then, suddenly, it is not your body when you want to smoke some drugs?
The theory, which I do not wholly agree with, is that drug users lead to increased crime, need for public services, and are an overall burden on society, which does impact other individuals.
To me this theory is only sound if an overwheliming majority of people never use a given drug, thus limiting use to so few that there is small enough of a demand and profit margin to preclude the growth of cartels to provide the drug.
Lets look at shrooms as an example. Demand for them is magnatudes of order less than other drugs, thus you dont hear of shroom gangs shooting each other, or major shroom busts in the news.
Pot on the other hand is used at least intermittently by a far larger population, thus creating the demand that creates the profit for illegal cartels to flourish.
What supporters of drug laws neglect to add to the equation is the cost of enforcement, the cost of diverting police from other tasks, the cost of the court system, and the fact that since it is driven underground, it cannot be controlled except via criminal prosecution. And worst of all, its use is still common, negating any real benefit to government efforts of control, and fostering an overall contempt for rule of law.
When looking at the balance between harm of the drug and cost of enforcement of the law, to me pot ends up on the legalization side of the equation. Other drugs may not, but we should try with pot to see what happens. The current course of action is not working.