In recent years, many countries have opted to decriminalize or legalize drug use by moving away from maintaining prohibitions and criminal sanctions. With greater emphasis on harm reduction rather than prosecution, governments have found more effective ways to manage illicit drug use through increased tolerance. While this may be considered a relatively new approach to an old problem, it is also something that was recommended long ago, but largely ignored.

This article focuses on Jeremy Bentham’s permissive stance on drug use highlighting his justifications on why society should tolerate such behaviour rather than criminalize it. Bentham anticipated the failure of the war on drugs, arguing that punishment for drug use was not only groundless but also ineffective. He further contended that prohibition would cause more harm than good. In line with this view, we argue that illicit drugs should be tolerated and managed without resorting to criminal punishment. Additionally, we assert that Bentham’s liberal view on this topic has been overlooked and deserves greater recognition. His ideas represent a notable improvement over more commonly cited philosophical arguments in drug policy discussions, such as John Stuart Mill’s harm principle. Unlike Mill, Bentham did not prioritize higher forms of pleasure, such as poetry or music, over lower forms of pleasure, such as drug intoxication. Therefore, recognizing Bentham’s previously underappreciated views on this matter that remain highly relevant to contemporary drug policy discussions seems long overdue.  

Bentham was consistent in his strong opposition to coercive anti-pleasure laws and policies, whether targeting same sex behaviour, which he referred to as a “pleasure of the bed,” or drug intoxication, which he considered a “pleasure of the table.” He was ahead of his time in asserting that the state had no business attempting to prohibit such harmless pleasures with punitive measures. For those who argue that illicit drug use constitutes harm, Bentham encouraged society to explore alternative ways to mitigate such harm without resorting to criminal sanctions. For him, the individual, not the state, was best positioned to judge what was ultimately good or bad for them. Bentham’s well-reasoned views aimed to increase overall happiness in society by allowing a broader range of pleasures while reducing sources of pain and suffering, such as incarceration and the stigmatization from being labelled a criminal.

This topic was selected in large part for its relevance to ongoing drug policy reform where the need to balance tolerate with harm reduction, is often overshadowed by a narrow focus on harm alone. Given the centrality of Bentham’s ideas to this timely debate, the Journal of Bentham Studies is an ideal venue for this discussion.

Jeremy Bentham on Drugs by Greg Cote (University of Guelph, Canada) is published in the Journal of Bentham Studies, volume 22.

Biographical statement:
Greg Cote was a police officer in the Toronto area, before starting a private investigation firm in Ontario, Canada. During this time he also worked for several years in Yukon Territory supervising and training Park Rangers. While his previous employment involved law enforcement and investigations, his passion has always been philosophy. Greg obtained an undergraduate degree and an MA in philosophy from the University of Waterloo where he also worked as a teaching assistant. He is currently a PhD candidate and teaching assistant in the philosophy program at University of Guelph where his research is focused on Jeremy Bentham in relation to the development of modern policing.

drug policy reform harm reduction utilitarianism drug use Jeremy Bentham