The idea of a victimless crime is nothing more than a judicial reprise of the Christian notion of sin.
It is no accident that people of faith often want to curtail the private freedoms of others. This impulse has less to do with the history of religion and more to do with its logic, because the very idea of privacy is incompatible with the existence of God. If God sees and knows all things, and remains so provincial a creature as to be scandalized by certain sexual behaviors or states of the brain, then what people do in the privacy of their own homes, though it may not have the slightest implication for their behavior in public, will still be a matter of public concern for people of faith...
...As it happens, there are many substances — many of them naturally occurring — the consumption of which leads to transient states of inordinate pleasure. Occasionally, it is true, they lead to transient states of misery as well, but there is no doubt that pleasure is the norm, otherwise human beings would not have felt the continual desire to take such substances for millennia. Of course, pleasure is precisely the problem with these substances, since pleasure and piety have always had an uneasy relationship...
...When one looks at our drug laws — indeed, at our vice laws altogether — the only organizing principle that appears to make sense of them is that anything which might radically eclipse prayer or procreative sexuality as a source of pleasure has been outlawed. In particular, any drug (LSD, mescaline, psilocybin, DMT, MDMA, marijuana, etc.) to which spiritual or religious significance has been ascribed by its users has been prohibited. Concerns about the health of our citizens, or about their productivity, are red herrings in this debate, as the legality of alcohol and cigarettes attests...
...The only explanation is that our discourse on this subject has never been obliged to function within the bounds of rationality. Under our current laws, it is safe to say, if a drug were invented that posed no risk of physical harm or addiction to its users but produced a brief feeling of spiritual bliss and epiphany in 100 percent of those who tried it, this drug would be illegal, and people would be punished mercilessly for its use. Only anxiety about the biblical crime of idolatry would appear to make sense of this retributive impulse. Because we are a people of faith, taught to concern ourselves with the sinfulness of our neighbors, we have grown tolerant of irrational uses of state power.
...Anyone who believes that God is watching us from beyond the stars will feel that punishing peaceful men and women for their private pleasure is perfectly reasonable.
