making pot illegal

http://www.nytimes.com/2014/01/03/opinion/brooks-weed-been-there-done-that.html?src=me&ref=general

i love brooks, and this is a fucking awesome article in a lot of ways.

i can't even say i categorically disagree with "seatbelt laws". we want to make policy that does the most overall good, and the disutility of restricting personal choice is just one component of that.

i think he misses two things-

1) some of personal growth comes from making stupid choices- how do you do that if all the stupid choices are illegalized?

2) it's true that you can find some good in illegalizing pot (and he does a brilliant job of outlining the shape of that good), but how can you have a complete argument without comparing the magnitude of that good with the magnitude of the concomitant harms?

when it comes to illegalizing pot, the magnitude of the good is really pretty meager. like one comment points out, the usage doesn't skyrocket when pot is legalized in places like holland. yeah, if you make it illegal people might do it a bit less. that is a good, but is a big one? i believe illegalizing heroin reduces the number of addicts. that's probably a bigger good. (still, how big?)

and he doesn't talk about the harm. making drugs illegal obviously creates shit-tons of practical problems. then there's the difficult-to-estimate disutility of inhibiting personal freedom. and another nebulous factor is slippery-slope into 1984. i'd have to think very carefully about how to put this harm in a common currency to compare directly to the good. yet my intuition is that the harm outweighs the good by several orders of magnitude here.