Well you know, that's just it; I don't agree that scrapping the War on Drugs would upend the legal system. It would presumably clear out the prisons for the most part, but that's not what we should be worried about.
However many of the legal and investigatory techniques used to investigate drug-related "crimes" are perfectly cromulent ways to investigate many other actual crimes. I would like to keep those techniques available, in general. Each technique may or may not have it's place, for sure.
But a useful, cost-effective tool that's not otherwise unconstitutional should be used. We should then make sure that the oversight and transparency measures for each type of tool is in place to ensure that such measures are not abused.
The government is pretty much literally the only thing we the people have any input into... functions which rightly belong to "the people" at large should be placed into the government. Where government screws those up, the answer should be to fix the government, not for the people to completely abdicate that responsibility.
> How does it follow that we should then make sure the shit is evenly spread on everybody?
You're basically asking why a given system should be fairly applied? I would reverse the question completely and say that any given government system should start off completely fair and only deviate from that for very good reason.
Avoiding "Misery Loves Company" is a good reason, mind you. We levy administrative fines on people who actually screw up, for example.
But the Simon logic is, why is it permissible to surveil tens of thousands of cell phone calls within a predominantly poor, black & Hispanic neighborhood for literally years at a time, looking for evidence of small-time drug dealers, but it's not possible to get the same type of court order to surveil other communications (even at larger scale) for something that's actually important to society at large?
There is a difference in scale, that's for sure. But the difference is not really as large as the difference between no surveillance and what the police/FBI/others are already doing (and have been doing) throughout America. And so that's his point, if America agrees that this type of investigatory powers should be used (the kind that have always permitted incidentally collecting too much, or searching through all records reasonably relevant to a case, etc.), where and why does the framework behind those powers actually end here when it didn't there?
There may very well be a good reason, but if that reason is "we don't trust the government" then by what logic do we let the DoJ in general investigate criminal acts? I guess what I'm saying is that I really wish we would get back to a framework of control of government (like the EFF, ACLU, etc. have been pushing to do for years) instead of instinctive distrust of the idea of government.
But whatever we do decide the government rightly has the power to do, we should at least be consistent with it.