The late writer Christopher Hitchens argued that “everybody knows” that alcohol Prohibition led to “organized crime, to corruption, to violence, to every possible social ill, but at the time it seemed to be common sense.” He warned against government policies that repeat such mistakes, which are the result of “the prohibitionist mentality and prohibitionist legislation.”
Yet just as humans seem inherently inclined to imbibe addictive substances, so too are governments inclined to embrace this prohibitionist mentality at every opportunity. We see this on big issues involving, say, the use of hard drugs including opioids to smaller ones involving restrictions on over-the-counter substances such as kratom.
The substance often is sold as a tablet, capsule or extract in convenience stores and smoke shops. Popular in Southeast Asia, kratom comes from the leaves of a tropical tree. The Orange County Board of Supervisors last summer banned its sale to minors and put limits on the amount of the kratom-derived chemical that can be sold to adults in synthetic products. That applies to unincorporated areas, but OC cities including Dana Point and Garden Grove are pursuing their own prohibitions, per news reports.
The U.S. Drug Enforcement Administration includes kratom among “drugs of concern,” noting that its use has stimulant effects in low doses and sedative effects in higher ones. It can cause nausea, confusion, hallucinations and itching. We discourage the use of any addictive substances, but this strikes us as the latest “we must do something” prohibition from local governments with too much time on their hands.
As libertarians, we believe adults ought to be free to make their own choices. Practically speaking, kratom often serves as a lower risk opioid substitute, so one potential ill effect of a ban is to push people into using more potent underground substances — just as bans on vaping have pushed nicotine seekers back to far-more dangerous cigarettes. And assessing the dangers of over-the-counter products is not the strong suit of local governments.
OC officials should resist this prohibitionist mentality, although we understand that exerting power can be addictive.