Legalization refers to the lawful use, sale, and manufacture of prohibited materials, such as drugs. It is different from decriminalization, which removes laws against an action. The debate about legalization involves civil liberties, the economy, and security issues, and often focuses on voluntary and consensual activities. Legalization can lead to increased government revenue, but there are concerns about public safety.
While the term can have several meanings, “legalization” in most modern legal discussions refers to the lawful use, sale, and manufacture of certain prohibited materials, such as drugs. One of the first major political discussions about legalization came in the United States in the early 20th century, when the outcry over prohibition of alcohol led to the repeal of the 20th amendment in 18. The legalization of some drugs, such as marijuana, is always remained a controversial issue in the field of public debate.
Legalization is very different from decriminalization. This distinction is very important to the handling and prosecution of offenders, and it has certainly raised some issues in the great marijuana debate. By decriminalizing an action, such as possession of marijuana, the court removes the laws against it, making possession a civil misdemeanor at best, rather than a criminal charge. Legalization usually refers to the creation of a system of laws and regulations for the management of a legal product. Alcohol and tobacco, for example, are legalized because there is a regulatory system that governs their production, use and sale.
The debate about legalization of any kind is more often than not about activities that are considered voluntary and consensual. This may include the use of drugs or alcohol, prostitution or sexual activity of any kind, abortion, and elective surgery. There are often several important ethical and legal issues involved in a serious legalization debate. At the heart of the matter, civil liberties, the economy, and security issues all play a part in the discussion.
Hardline civil libertarians tend to suggest that government control should extend to personal life only to the extent that it is unquestionably necessary to ensure public liberty and safety. The overturning of laws prohibiting interracial marriage or homosexuality, for example, has always been tied to the idea that government has no right to interfere between the consensual private actions of two adults. Where to draw the line, however, is the question that raises the debate. Many health experts and clinical studies suggest that marijuana is no more addictive or harmful than alcohol or tobacco; thus one of the common arguments for marijuana legalization focuses on eliminating the distinction between these regulated substances.
Economically, legalization often leads to increased government revenue. The reversal of Prohibition led to government taxes on alcohol, which helped increase the country’s wealth. Debate in this area usually relates to how much money could be saved or generated through taxes and whether the economic gain would be offset by an increased risk to public safety.
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