Abstract
The war on drugs is widely criticized as unjust. The idea that the laws
prohibiting drugs are unjust can easily lead to the conclusion that those
laws do not deserve our respect, so that our only moral reason to obey them
flows from a general moral obligation to obey the law, rather than from
anything morally troubling about drug use itself.
In this paper, I argue that this line of thinking is mistaken. I begin by
arguing that the drug laws are indeed unjust. However, so long as they
remain prohibited, I argue that we have strong moral reasons to avoid drug
use. First, drug users are partly responsible for the violent and exploitative
conditions in which many drugs are produced and distributed. Second,
the unequal ways in which drug laws are enforced make drug use by many
an unethical exercise of privilege. These reasons do not depend on the
existence of a general moral obligation to obey the law; we ought to refrain
from illegal drug use even if prohibition is unjust and even if we have no
general obligation to obey the law. In fact, drug laws turn out to represent
an interesting exception case within the broader debate about this
obligation, and I argue that it is the very injustice of the law that generates
the reasons not to violate it.