2
" A system of justice does not need to pursue retribution. If the purpose of drug sentencing is to prevent harm, all we need to do is decide what to do with people who pose a genuine risk to society or cause tangible harm. There are perfectly rational ways of doing this; in fact, most societies already pursue such policies with respect to alcohol: we leave people free to drink and get inebriated, but set limits on where and when. In general, we prosecute drunk drivers, not inebriated pedestrians.
In this sense, the justice system is in many respects a battleground between moral ideas and evidence concerning how to most effectively promote both individual and societal interests, liberty, health, happiness and wellbeing. Severely compromising this system, insofar as it serves to further these ideals, is our vacillation or obsession with moral responsibility, which is, in the broadest sense, an attempt to isolate the subjective element of human choice, an exercise that all too readily deteriorates into blaming and scapegoating without providing effective solutions to the actual problem. The problem with the question of moral responsibility is that it is inherently subjective and involves conjecture about an individuals’ state of mind, awareness and ability to act that can rarely if ever be proved. Thus it involves precisely the same type of conjecture that characterizes superstitious notions of possession and the influence of the devil and provides no effective means of managing conduct: the individual convicted for an offence or crime considered morally wrong is convicted based on a series of hypotheses and probabilities and not necessarily because he or she is actually morally wrong. The fairness and effectiveness of a system of justice based on such hypotheses is highly questionable particularly as a basis for preventing or reducing drug use related harm. For example, with respect to drugs, the system quite obviously fails as a deterrent and the system is not organised to ‘reform’ the offender much less to ensure that he or she has ‘learned a lesson’; moreover, the offender does not get an opportunity to make amends or even have a conversation with the alleged victim. In the case of retributive justice, the justice system is effectively mopping up after the fact. In other words, as far as deterrence is concerned, the entire exercise of justice becomes an exercise based on faith, rather than one based on evidence. "
― , Entheogens, Society and Law: The Politics of Consciousness, Autonomy and Responsibility
7
" As Ernest Becker observes in The Denial of Death, the very thought of disobeying authority appears to awaken the anxiety connected with the possible loss, during infancy, of parental love, respect or support. The unexamined beliefs and experiences that generate our reliance on, and deference to authority, seem rooted in a profound existential uncertainty: the patient looks to the doctor to relieve this uncertainty, not only about not feeling well and not knowing why, but also about not knowing what to do, what action to undertake. In other words, the expertise of the physician relieves the patient of some of the burden of responsibility. "
― , Entheogens, Society and Law: The Politics of Consciousness, Autonomy and Responsibility
10
" In an effort to justify the prohibition of 186 species of mushroom, including the ‘offending’ psilocybin containing mushrooms sold to the public through smart shops, Dutch Minister of Health, Dr. Ab Klink, refers to the high instance of anxiety and ‘even paranoia’ experienced by those who use them. He makes no mention of the very low incidence of harm (social or otherwise) involving fresh psilocybin containing mushrooms, or the disproportionate number of alcohol and tobacco related deaths, injuries and social disruptions. We are left with an impression that the Minister believes the state has a duty to banish fear itself. This exemplifies the degree to which scientific and medical rationales may become confused with moral and ideological commitments that undermine the ‘wall of separation between Church and State,’ a fundamental tenet of modern democracy. "
― , Entheogens, Society and Law: The Politics of Consciousness, Autonomy and Responsibility