Guiding Questions

• Should people with addiction be treated as criminals or patients?

• What is the line between free choice and dependency?

• Can a justice system punish someone into recovery?

The Double Standard

Alcohol is legal.

Heroin is not.

Yet both can ruin lives, destroy families, and impair judgment.

So why is one treated as recreation and the other as crime?

This inconsistency reveals how power, race, economics, and stigma influence who gets punished — and who gets help.

Addiction and Responsibility

Addiction changes the brain. It impairs judgment and weakens self-control.

But it doesn’t erase moral agency.

The justice system faces hard questions:

• Was the crime a product of addiction — or an excuse for it?

• Should drug users go to prison — or to rehab?

• Does punishment help recovery — or make it harder?

The War on Drugs: Justice or Injustice?

In many countries, especially the U.S., addiction has been met with:

• Mass incarceration of nonviolent drug offenders

• Harsh mandatory minimum sentences

• Racially disproportionate arrests and prosecutions

• Underfunded treatment programs

• Lifelong barriers to housing, employment, and voting

For some, this is a public health crisis.

For others, it remains a moral failing.

Philosophical Perspectives

Aristotle

Believed virtue lies in moderation. Addiction reflects the loss of balance — but is it a failure of character or a failure of society?

Plato

Warned that desires, if unruled by reason, enslave the soul. Can a person addicted to drugs still act freely?

John Stuart Mill

Defended liberty unless harm is done to others. But what if addiction harms the addict — and everyone around them?

Simone Weil

Said true justice begins with attention to suffering. Do we look at addicts — or look away?

Two Perspectives

Addiction as Crime

Breaking the law deserves punishment, regardless of the cause. Accountability comes first.

Addiction as Disease

Like cancer or diabetes, addiction requires treatment, not punishment. Criminalizing it only worsens the crisis.

A Thought Experiment

A man addicted to opioids robs a pharmacy to feed his habit.

He is arrested.

Should he be:

• Sent to prison to “learn a lesson”?

• Sent to rehab to recover?

• Treated with both punishment and therapy?

Who benefits from each choice — and who suffers?

Toward Justice for Addicted Persons

• Drug courts that prioritize treatment over incarceration

• Decriminalization of personal drug use

• Safe injection sites and harm reduction strategies

• Housing-first programs for addicts and the unhoused

• Expungement of low-level drug convictions

• Culturally competent, trauma-informed care

Reflect and Discuss

• Should drug addiction reduce criminal responsibility?

• What does “justice” mean to someone struggling with addiction?

• Is a drug-free society possible — or even desirable?

Suggested Readings

• Gabor Maté – In the Realm of Hungry Ghosts

• Johann Hari – Chasing the Scream

• Michelle Alexander – The New Jim Crow

• Carl Hart – Drug Use for Grown-Ups

• U.S. Supreme Court – Robinson v. California (addiction and cruel punishment)