Oh, most certainly. The same structure allows for racial discrimination, which I do not believe is a sensible angle of discrimination: i.e. I think Ben Carson should not be discriminated against for being black. Too high value as a top surgeon.
On the whole I accept it, though, because I don't want Elon Musk prosecuted by the SEC and the instrument that permits both is blunt.
> The measure of a crime is subjective and objective. Subjectively, the victim notices they have been wronged. Objectively, there is a claim by a plaintiff against a defendant. A claim either exists or it does not, there is no sorites.
Indeed. When there is a threshold. However, the costs imposed on society by drug users are dispersed. You can't Categorical Imperative them because some people are not capable enough to handle the responsibility.
Other times the crime is exposure to increased risk: no actual harm may occur. For instance, if you do burnouts on city roads there is little concrete harm, only increased exposure to risk.
It's the same with many things: public drunkenness, drink driving, jaywalking. And society reacts to these by permitting these activities in practice for high-value individuals while proselytizing against them at the same time.
I don't drink-drive but I happily do the other two.