The issue, then – albeit somewhat less clear than we would like – is whether or not the state should punish people simply for using drugs for recreational purposes. How should we decide what position to take on this issue? More generally, how should we evaluate the many possible ideas about how our drug policy might be reformed? All philosophers believe that progress is made by assessing arguments. But first we must decide what to argue about. As a society, we really do not know how to conduct a public debate about criminal laws generally and about drug offenses in particular.

We cannot hope to make progress on any topic unless we begin by asking the right question. In the present context, that question is, Should drug use be criminalized? A different version of this same question is, Should persons be punished simply for using drugs? This is what I will call the fundamental question that must be addressed in any attempt to evaluate the justice or injustice of our nation's drug policy. The fundamental question asks for a rationale for our policy. The search for a rationale involves an attempt to find moral reasons that will justify our policy of punishing drug users. The point of this book is to attempt to answer this fundamental question. I will defend the conclusion that drug use should not be criminalized and that drug users should not be punished.