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.
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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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I'd need to know a lot more about the system in question- here a felony also makes a person virtually unemployable, which then interferes with ppl getting and staying clean.
End of conversation
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