My unpopular opinion: people do it anyway is the worst argument to make in favour of legalising something. Make a strong moral case *for* whatever you want legalising. People still murder despite it being criminal. Should we legalise it because people do it anyway? No.
I think the case usually has a few more steps than that, although maybe people state the other ones less? I'd say decriminalize things that: 1. You can't prevent people doing. 2. Only result in harm to themselves. 3. The punishment does substantially more harm than it does.
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So murder wouldn't be a candidate bc of point 2, and speeding tickets wouldn't bc of point 3.
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I think you can make a strong argument that under number 3 drugs are not a candidate either... provided you live in a country without mandatory minimums for possession and three strike rules (I don't live in the States and find both rules intensely fucked up).
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