Contrast penalties vs. legalizing and taxing illegal drugs from the fairness perspective (refer to the two principles of fairness)".
Equity principle
Penalizing drug use isn't one of the best methods of controlling substance abuse.For instance imprisonment, whether for drugs or other crimes, actually increases the risk of a drug overdose upon release. More than half of prisoners have an untreated substance use disorder, and illicit drug and drug use typically increases significantly after a period of imprisonment. For untreated opioid use disorders, relapse to drug use can be fatal due to the loss of opioid tolerance that can occur while in prison.
On the other hand if drugs are legalized, the public health risks from heroin, cocaine and marijuana use will be significantly reduced because drug legalization can reduce the use of harmful drugs.
Fair access
Punishing someone as a means, to the end of deterring others from drug use, is ethically problematic. The legalization of drugs increases the supply of drugs and reduces social rejection of drugs. A country must prepare for the serious negative impacts on public health and safety of the increased drug use promoted by the legal and illegal drug markets.
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