Society dictates, like, societal inequalities? I have no better term on hand. Society can do nothing about your innate fitness, intelligence, or temperment, yes, but it can do something about your voting ability, employment prospects, medical treatment, and so on.
Having the same rules in this case for groups that have radically different behaviors is either tyrannical to one group or overly permissive for the other. This pattern exists in loads of areas and causes huge problems - equal rules are a bad idea.
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No. You've put the cart before a goat. There is, essentially, one set of laws regarding illegal drugs; what is discussed there is unequal enforcement.
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For the most part our society has chosen anarcho-tyranny - enforce the law harshly against upstanding people and don't enforce the law at all against criminals. It would be better to have the reverse. It would be even better to codify it.
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