The majority of smokers do not get lung cancer. Smoke two packs a day for fifty years. Only one in seven such people get lung cancer. Why should the other six pay the price of prohibition?
The Constitution requires the showing of harm in a compelling state interest before abridging a freedom.
A licensing approach can stop harm without depriving others of adult pleasures.
Upon reaching adulthood, people could apply for separate licenses to drink alcohol, smoke, perhaps eat rich foods. People who committed crimes as juveniles should prove they have reformed. The clear and convincing standard of proof applies to licenses.
One commenter proposed insurance coverage for the harm from the adult pleasure.
Another objected to 1) loss of freedom; 2) the temptation of lawyers to increase fees, and to make the license a source of revenue.
The federal statute or constitutional amendment should prohibit any collateral purposes. It should restrict all licensing fees to the exact cost of processing, and prohibit any additional fee.
The licensing of the individual grants full freedom of enjoyment of the adult pleasure, until harm has started. The costs of all harms most often falls on the taxpayer.
Update: Not so far fetched. Here.
2 years ago