I don't have an answer, and have no researched this...
But we do arrest drunk drivers because their reflexes are impaired and thus represent a danger to others.
Shoot, people who take cold pills are often impaired in their driving, what to say of legalized heroin?
How do the police give a test to see if someone is driving while legally high?
I have to imagine that people who are fixing for legal prescriptions, and can't get them for various reasons will resort to the same type of crime, etc. that we see now.
Additionally, when legalized, meaning that you have to get a doctor's authorization, may also mean that a heroin addict would have to attend drug prevention and rehab meetings.
I don't think we should criminalize drug usage, however, people who are "legally" high, or strung out until the next prescription, etc. represent a potential problem as well.
Say an addict like RM gets a prescription...will it be enough? What if he Joneses for a higher dosage but the doctor says no?
Seems like this doesn't address the real problems that lead to the need for strong drug usage to be able to cope with the pain of living like RM must experience.
Quote from Cutten:
So we can jail you for repeatedly breaking the speed limit, I take it?
Let me ask a simple question - if you have two options for treating socially undesireable habits that are nevertheless victimless "crimes", and method A is more successful on all relevant criteria than method B, which method would you choose? Presuming you would choose A, then it is simply a matter of empirically testing to see if the consequences of A are indeed superior to that of method B. I invite you to demonstrate how criminalising simple drug addiction (as opposed to criminalising the theft, violence etc often surrounding it) has proven to be a superior approach to treating it as a medical problem (e.g. the Swiss approach).
This is taking a purely utilitarian argument, by the way. The rights of the addict (presuming he doesn't harm others) are completely ignored here. Obviously if you think people have any rights over their own mind and body, then criminalising drug use (that does not harm anyone other than the user) is totally immoral.