If It’s Fun, It Must Be Illegal

If it’s fun, it’s illegal—a common conviction of my youth. Often said in jest, in the 1950s as I grew up it was folk wisdom. My parents were 11 years old when Prohibition took full effect in 1922 and drank in their teens illegally and with glee. Hence the folk saying if it’s fun, it’s illegal was grounded in history.

By 1932 their rebellion became legal. Franklin Delano Roosevelt downplayed his support for repealing prohibition, and he suffered no backlash in his landslide victory. My parents never supported prohibition and spent little time justifying their view; prohibition made government do bad things. Virtually everybody in New York City agreed.

But the specter of prohibition stayed with my parents; they never thought marijuana should be illegal. They were quick to realize cigarettes caused cancer years before warning labels. My mom compromised and smoked 3 cigarettes a day, my father, whose willpower I found awesome, simply stopped. It was an individual decision. Government’s obligation was to do research and to dispute tobacco’s propaganda, but the bottom line, the decision was up to the individual.

My parents and I do not object to government expressing strong viewpoints about personal habits. My objection is to the use of government coercion. The application of punishment is rarely fair. Marijuana is illegal, but nobody bothered the fans at a Grateful Dead concert. They were clearly getting high and the police stayed away. The Dead, in turn, made sure caretakers were immediately available to help people who had bad trips.

Yes there was potential for harm, and the sensible response is helping people who are in trouble. It was manifestly obvious that most people were having fun and weren’t in trouble. The law was not enforced.

But these laws are aggressively enforced against spurned groups, especially the black and brown communities. White people with ties to the community skate when drugs are found, but the courts all too often bring down the hammer and police sweeps arrest thousands for doing the same thing that white people do without punishment. Even when it came to the tricky question of selling the illegal drugs, whites find legal exits that are denied to black and brown. There is no racial justice in drug enforcement or, for that matter, prostitution enforcement.

Forcing the law to accept individual choices would end these racial injustices. Clearly, imprisonment is unjust and doesn’t fit the crime. The push for legalization is a push for equal justice. Some people who do drugs need help. They should be able to get medical care, counseling, and other assistance without court orders insisting on little evidence that it is necessary. Medical care should not be guided by the Drug Enforcement Agency and the courts. It’s a private matter between the patient and the doctor. Doctors should be free to use their best medical judgment on the proper treatment. That would clearly include allowing patients to use drugs while attention is directed at other problems.

Legalization would bring additional medical impacts. The corporations making drugs would have to adhere to safety rules. Bad trips, fentanyl poisoning, and other ill effects would be reduced dramatically. Perhaps the most important benefit is that users will get safety information that stays the same because the product is uniform and its dose is standardized.

Under prohibition, unskilled people willing to risk arrest are forced constantly to change their preparations. Law enforcement in its fruitless efforts to stamp out drugs frequently bans an ingredient. These legal interferences mean drug users often are forced to take a new drug they are not used to. It is a dangerous form of government interference.

These legal strategies encourage additives like fentanyl, which have a big kick but often catch users by surprise. A little bit of fentanyl can produce a big high, but, as we well know, it also brings overdoses. The legal manufacture of drugs is a safety precaution for users.

The public is well aware it can buy dozens of different kinds of alcohol. But they only select drinks they like. The fact that the currently illegal drugs would be available and uniform would not require the public to buy them. We know for a fact that people exercise choice when it comes to getting high. Adding legal drugs to the list is not a big step.

It would be irresponsible to say drugs have no risk. Carl Hart, the Columbia professor who has spent his life studying drugs has found that 70% of legal users would enjoy their habits without ill effects. At the same time, he also clearly states that 30% have trouble. Making something legal does not mean it would be safe. Football is legal, but it is fraught with injury. Smoking is legal, but many smokers get cancer. Driving is legal, but hardly safe without drivers paying close attention and following the rules.

Making drugs legal will not make them safe unless the users exercise caution. But making drugs manufactured according to uniform standards would make the exercise of caution much easier and allow users to tell other users about safety.

And perhaps the most important benefit is racial justice. We don’t have to depend on police learning new habits; they will not be allowed to arrest gamblers, drug users, prostitutes, porn watchers, and other habits that are the private business of the individual.

I must renew my plea for somebody to offer help. Everybody I have approached has declined. I’m 83 and nearly blind and need a functioning adult to help me get this project off the ground. Interested? Contact me by email.