Reconciling Drug Policy and Paternalism

Undergraduate Honors Thesis

Citations

Citeable URL: https://scholar.colorado.edu/concern/undergraduate_honors_theses/nk322f81n

Abstract

In cases of non-violent illicit drug offenses, people should be sentenced to mandatory rehabilitation or therapy rather than being punished via incarceration. By mandatory rehabilitation or therapy, I mean that the person who would otherwise be punished by law is sent to a rehabilitation center or attends therapy sessions for a set time instead of being incarcerated. The rehabilitation would only apply to drug users who are shown to be addicted to the given substance. If someone is found only to be in possession of the substance without signs of addiction, they will be mandated to attend a set quantity of therapy sessions rather than being sent to rehab. Within this system, offenders will not be given a criminal record upon completion. This change would be worthwhile because incarcerating drug users ultimately goes against the offender’s best interests in the long run, which does not consistently align with the paternalistic nature of drug laws. The current means of enforcement cause more problems than they solve, and punishment or decriminalization without further action does not address issues surrounding dangerous drug use. The stance I will set out to support is more of a middle ground between these two standard means of addressing drug offenses.

Creator