Cocaine and the Criminal Sanction

Abstract

The criminal law is concerned with the pursuit of human objectives through the various structures and methods of social organization. Many commands that are embodied in the criminal law appear as prohibitions, which can be satisfied by inaction. “Do not use dangerous drugs” is an example. The thesis of this article is that criminal penalties are inappropriate as a means of achieving conformity to politically-inspired standards of “correct” behavior insofar as the recreational use of cocaine is concerned. As with all prohibitions, the one against cocaine has not worked. A prime argument of the drug prohibitionists, that whatever may be wrong with the present drug laws, they do help to curtail the use of “dangerous” drugs, has not been realized.