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judiciary responsibility

Caveat Tempter

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If, like me, you expect people to bear the bulk of the brunt of their own decisions, big ticket court rulings often strike you as bizarre.

Case in point? “Drugmaker Johnson & Johnson must pay $572m (£468m) for its part in fuelling Oklahoma’s opioid addiction crisis, a judge in the US state has ruled,” reads a BBC report.

“During Oklahoma’s seven-week non-jury trial,” the BBC informs, “lawyers for the state argued that Johnson & Johnson carried out a years-long marketing campaign that minimised the addictive painkillers’ risks and promoted their benefits.”

A certain credulity boundary has been stretched, here:

  1. Don’t all ads stress selling points over . . . non-selling points?
  2. Doesn’t everyone know this, and, therefore,
  3. Shouldn’t they be expected to adjust — caveat emptor-wise — accordingly?
  4. And doesn’t everyone know painkillers are dangerous, and opiates notoriously so?

“The state’s lawyers had called Johnson & Johnson an opioid ‘kingpin,’” the report continues, “and argued that its marketing efforts created a public nuisance as doctors over-prescribed the drugs, leading to a surge in overdose deaths in Oklahoma.”

The public nuisance biz is idiotic, of course. If the company had been slipping its drugs to kids on a playground, something like this would have some plausibility. But the actual situation? Nope.*

Shifting responsibility from self to others, especially deeply pocketed others, has many bad consequences . . . not least of which is deflection of our attention away from why opioid use is up. Which is something we should be looking into for our friends’, families’, and neighbors’ sakes.

Lawyers are our tempters, in such cases. 

And monetary awards can sure be addicting. 

This is Common Sense. I’m Paul Jacob.

* Johnson & Johnson is appealing the decision, of course.

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Kick the Addiction, Save Money

marijuana, tax revenue, taxes, spending, war on drugs, opioid epidemic

The political case for the War on Drugs has always been intuitive. “Drugs are bad” has trumped practical concerns. But the actual, responsible case for the political crusade has depended upon some concept of “social cost.”

Now that marijuana is being legalized state by state, the case against the greater War on Drugs is being taken seriously — enough to rethink all varieties of costs. Indeed, many now see the opioid epidemic as being driven, in part, by the War on Drugs, and not just as an excuse for a stronger crackdown.

Nevertheless, coming to some accounting — especially “social cost” accounting — remains difficult. This is especially true so long as its effects on freedom and the rule of law do not get figured in.

Somewhat surprisingly, even the budgetary effects of legalization have proven a bit tricky.

So it is welcome to read Harvard economist Jeffrey Miron’s study of marijuana legalization as it has occurred in the states of Washington, Oregon, and Colorado. He compares results of legalization with the predictions he had made eight years ago, in a previous Cato Institute study. It turns out that while tax revenues are far greater than expected, law enforcement costs have not gone down.

“Early experience suggests that governments will reallocate rather than reduce those expenditures,” Miron writes. “That reallocation may be beneficial, but it does not have a direct effect on the budget deficit.”

On a federal level, though, we might expect greater savings. How? We could shut down whole bureaus.

Yet, achieving such savings would require progress on Washington’s biggest addiction:  spending.

This is Common Sense. I’m Paul Jacob.

 

Studies cited:

Jeffrey Miron, “The Budgetary Effects of Ending Drug Prohibition,” Cato Tax & Budget Bulletin, Number 83, July 23, 2018.

Jeffrey A. Miron and Katherine Waldock, “The Budgetary Impact of Ending Drug Prohibition,” Cato Institute white paper, September 27, 2010.

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