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Is Drug Manufacturing With Intent to Distribute Worse than Personal Use?

March 21, 2024 Uncategorized

 

Is Drug Manufacturing With Intent to Distribute Worse than Personal Use?

This is a complicated issue with arguments on both sides. Ultimately, it depends on your perspective and values.

Background on Drug Laws

U.S. drug laws make a distinction between drug use/possession for personal use and drug distribution/trafficking. Personal use is generally treated as a misdemeanor with lesser penalties, while distribution and trafficking charges carry much stiffer penalties and can be felonies.

Manufacturing drugs is typically considered a more serious offense than personal use. Intent to distribute adds further seriousness. So manufacturing with intent to distribute often carries heavy penalties by law.

Reasons Manufacturing and Distribution May Be Viewed as More Serious

There are several reasons why drug manufacturing, and especially manufacturing with intent to distribute, is treated more harshly under the law:

  • It involves making larger quantities of drugs, which enables more widespread use
  • It is seen as more organized criminal activity compared to individual use
  • It spreads harmful substances through communities more systematically
  • It enables and amplifies addiction issues rather than just fueling one person’s habit
  • It makes larger profits, so penalties aim to undermine the financial incentives

Because of these factors, lawmakers and much of society view manufacturing and distributing as more detrimental than personal use – and therefore deserving of greater deterrence through tougher legal penalties.

Counterarguments – Is Personal Use Also Serious?

However, others argue that personal drug use – especially addiction – causes plenty of harm as well. Consider:

  • Drug addiction destroys lives, families, careers regardless of manufacturing or not
  • Addicts sometimes turn to theft, prostitution, or violence to fund their dependency
  • Health and social services spend heavily on issues stemming from addiction
  • If no one used drugs recreationally, there would be little market for illegal distribution

From this perspective, the personal decision to use dangerous, illegal substances recreationally is morally questionable and causes real damage. Without demand, there would be no supply. So while distribution enables wider use, personal irresponsibility is still at the root.

Two Sides of the Same Coin?

Given the arguments on both sides, some see drug use and drug distribution as two sides of the same coin. They argue:

  • Distribution networks simply supply the existing demand from users.
  • Without reckless use, there would be no market for trafficking.
  • Penalizing distribution alone can’t solve addiction issues.
  • Users should not get leniency while dealers get the book thrown at them – they are both knowingly engaging with dangerous illegal substances.

From this view, both demand and supply need deterrence. Singling out distribution for heavy penalties without addressing the underlying demand is an incomplete solution.

It’s Complicated – Reasonable Minds Can Disagree

As with many complex social issues around crime and punishment, there are good arguments on multiple sides of this issue. It ultimately depends a lot on one’s social and political philosophy.

Society does need order and deterrence of harmful behaviors. But addressing root causes of dysfunction usually works better than a purely punitive approach alone. There are also racial and socioeconomic biases that influence how drug laws get enforced.

Reasonable minds can disagree on the best balance of penalties and rehabilitation. There are merits to both arguments – distribution causes serious harms, but so does addiction. The solutions aren’t straightforward.

But in terms of current law, our society has made a definite distinction. Distribution is treated as the more serious offense deserving harsher penalties compared to personal use. Those who disagree with that approach should advocate to change the laws.

The Bottom Line

U.S. drug laws treat drug manufacturing and distribution offenses much more severely than drug possession for personal use. This aims to crack down harder on trafficking that spreads drugs through communities, while showing slightly more leniency to individual users.

However, others argue that rampant personal drug use fuels the demand that drives distribution networks. Some see both supply and demand sides as equally morally questionable. There are good arguments on multiple sides.

There are no easy answers. But under current law, manufacturing and distributing carries significantly stiffer penalties compared to possession for personal use in most cases.

 

Sources:

FindLaw, USC Health Policy, NCBI, UNODC, NCBI Bookshelf

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