Suppose we agree with my conclusion that the previous reasons are not good enough – not nearly good enough – to justify prohibition. To my mind, this concession provides all of the support that decriminalization needs. No one should be punished without excellent reason to do so – a reason grounded in the desert of the person to be punished. The absence of a good reason establishes that decriminalization is the just and sensible position for the state to adopt toward recreational drug users.

Still, the case in favor of decriminalization can be improved. Although there may be no good reason to punish drug users, are there any good reasons not to do so? If the answer is yes – if we can provide positive reasons in favor of decriminalization – my conclusion will be bolstered. In this chapter, I will briefly present the affirmative case for decriminalization. This case contains two parts. Many critics of drug prohibition have argued at length that our present policy of punishing drug users is ineffective and counterproductive. These allegations are powerful, and I will discuss them in the second half of this chapter. But the defense of decriminalization need not rest entirely on the disastrous consequences of criminalization. I believe there are many reasons to oppose prohibition, even if our present policy could be made to work.