I think all this makes the decision very easy. There is no option where nobody is harmed, but legalization clearly prevents the most harm.
I think all this makes the decision very easy. There is no option where nobody is harmed, but legalization clearly prevents the most harm.
I am mainly speaking about the friction that exists for the accessibility of the vice, and that you generally want friction for things that are detrimental to the individuals and society.
For example - in the US you have to be 21 to legally consume alcohol. Does that mean that nobody under 21 drinks? Of course not. But it certainly means that the consumption in that demographic is less than it would have been otherwise, since kids can't just roll up to the supermarket to get it, and since they worry about some (non-jail-level) consequences like getting in trouble with the high school dean or the college dorm director, plus the friction of not being able to consume it too publicly.
Legalization has removed the friction from pot. An average individual smokes more now that they don't have to work through a "connection" to get it - so more accessible - and they can now do it out in the open vs discretely. So the consumption's gotta be way up.
Re: your point about jail. I don't know about other locations but in NYC, nobody has gone to jail for pot in a long time unless they were dealing massive amounts. I think that was a better model - it kept the friction higher for use while still enabling folks to consume or sell a small amount as long as they were discrete. That's gone now.
No, federally, only to purchase or consume in public, and even then there are religious, parental consent (where permitted by state law), and other exceptions.
State laws on private consumption and parental consent vary considerably.
I don't know the details of who was imprisoned in NYC, but I do know they were still making tons and tons of arrests for minor consumption and possession charges just a few years ago, and when you get arrested you might lose your job, fail background checks for the next 7 years, not make rent because you couldn't work while you were dealing with the court, have to pay bail and a lawyer, etc. etc. The consequences can be very bad. I don't understand how you can add meaningful friction (beyond strict regulations that are already in place in every legalized state) without threatening very severe and harmful consequences.
> still enabling folks to consume or sell a small amount as long as they were discrete
This was never true for everyone. NYC police arrested tens of thousands every year before legalization for minor marijuana possession. If what you're saying were true, how could it be effective friction? Who would care if nobody ever gets arrested for small amounts?
If so, then you also believe in legal penalties for marijuana use; you're just disagreeing about who those penalties should affect and what form they should take.
I believe that people who sell weed without checking for ID should face licensing repercussions. This is how regulation of almost every other industry works. Chicken farmers, beauticians, and mortgage brokers obey the rules (usually) not because they are afraid of being sent to jail, but because they are afraid of losing permission to practice their business.