“It’s not a war on drugs, it’s a war on personal freedom.” –Bill Hicks

Dating back to the Protestant Pietism and the dawn for the Progressive Era (1890s-1920s) all the way up to Nixon’s War on Drugs, the State—through its conditioned population—has forced its version of morality on others, including what your neighbors are not allowed to smoke, shoot, eat, or ingest. There has been no second coming of Christ (as most Pietists predicted during that era), but rather, the consequences of this policy have been devastating. The current prison population, the overwhelming percentages of those imprisoned, were for non-violent offenses (drugs & alcohol related)^,.

US Bureau of Prisons, Inmates by offenses 2025

So with these facts in mind, I’ll begin by saying that I in no way advocate for keeping certain substances illegal vs. legal, in fact, what I’m in favor of is that despite the State’s horrible and violent decrees regarding the use of drugs and alcohol, you try to re-think the case that “Legality = morality” and hear me out on the following statement: drugs being declared “illegal” can have some advantages to those who call themselves Agorists.

Markets

Although I realize that I’ve just committed a sacrilege by uttering those very words, I ask the reader for some leniency so that we can spend a little time having a brief discussion on the advantages of buying and selling goods and services in the black and grey markets (vs. the “legal” or white markets). Perhaps defining this terminology would be helpful. Please consider these broad, loose definitions off the top of my head (so again, cut me some slack here, ‘WELL ACKCHYUALLY…’ people). I’m sure you have your version of how each of these can be defined, but I think a lot of times it’s subjective, especially since we are still, for the purposes of part of this article, considering the “illegal vs. legal” argument. For a more comprehensive definition of markets, please consult SEK III’s, The New Libertarian Manifesto.

–Black Markets: Goods and distribution networks that are most often considered illegal. The most popular markets include drugs markets, but could include forged papers, identity documents, etc.

–Gray Markets: Goods and distribution networks considered in the “gray area” such as selling weed in a US State where it is declared legal while the US Federal government has still decreed it illegal. Running an illegal lemonade stand or garage sale, transferring a title as a gift, an under-the-table business selling legal goods — these all fall within the gray area of the law. In most cases due to the “mass non-compliance” effect (the fact that so many do it, laws prohibiting the action become unenforceable) a lot of gray market activities are not even thought of as such at all.

–Red Markets: Most of the time considered illegal in most cases, but considered to be violent such as hit men, robberies for hire, sex trafficking, etc.

–Pink Markets: Most sex work falls into this category.

–White Markets: Legitimate (Legit) businesses and distribution networks on the “up and up” as far as legality. You have all your permits, licenses, and taxes all in order.

Konkin on Counter-Economics

With these loose definitions in mind of what markets are, lets also recall one of the main goals of Agorism; participation in black and gray markets (through counter-economics) which can bring about a larger scale revolution vs. Rothbard’s version of the means to bring about a free society, which later involved politics and tended to take a rosier view of State Capitalism (many libertarians define this as ‘corporatism’).

Where have all the “Libertarians” Gone?

In the nicest way possible, and through personal first hand experience attending liberty fests, joining freedom cells, and direction action in physical space and time—I don’t have the numbers to back it up—I have simply noticed something telling. Once the big “L” political Libertarian party begged those who falsely imagine themselves to be our rulers to legitimize cannabis and weed products, and subsequently saw their quasi-legalization in the eyes of the law (never mind those many that are locked up for non-violent offenses such as cannabis still remaining in prison), I’ve seen many in the liberty community just “disappear” now that they are able to smoke a plant with permission. Perhaps these are the same individuals who decide to flock to the strongest political ruler most capable of fulfilling their wishes (not without some good ol’ fashion begging of course). With the dawn of weed legitimacy (back in the day taking hits from a bong in secret to today, openly taking hits of a weed vape pen while walking up and down aisles of a Target), one of the few down sides besides disappearing libertarians, is that the State has succeeded in bringing much of this once-clandestine black market activity into the (taxable) white market.

Drugs ‘R’ Bad – White vs. Black Markets

Substances that are still considered “bad” by those in power who have reluctantly given slaves permission to use weed (but not any of those other drugs because those are even worse) are able to be sold in the white markets but only under very strict conditions. Let’s use weed for example. In many weed “legal” states, there are numerous hoops to jump through, many of which include paying steep licensing fees (in excess of $20,000 in many cases), or agreeing to charge a tax / theft (which they assure us will only be used for ‘good’, schools, roads, veterans, etc.). The total operating costs can sometimes amount to well over $100,000+ per year. On top of the significant up-front financial burden (most of which is intentionally created by the ruling state), the myriad of regulations and rules a ‘white market’ weed dealer has to follow can be a nightmare.

Counter-Economics of Cannabis

So what are the connoisseurs of cannabis to do? The pockets of free markets that exist in spite of the State regulations, taxes, and reluctant legalization, constantly find solutions around these limitations. Currently in most smoke shops, one can find Delta 8, 9 strains of cannabis. By cultivating the plant with one molecule off or synthetically designing these strains, they can be sold legally in those states where weed is illegal simply through this loophole. There are non-intoxicating parts of the cannabis plant that can be used to treat many ailments including anxiety, chronic pain, cancer, and depression, which also increase the market for cannabis.

Due to the nightmare mess of regulations and the fact that the plant is still considered illegal at the US Federal level, sellers also have to find their way around not using the traditional banking system. In many cases, this can be a blessing in disguise, because a business owner has to use alternative methods of payment more traditionally reserved for gray and black markets including cash only, barter, silver / gold, and crypto such as Monero (XMR) and Bitcoin (BTC). Many geographical areas’ alternative currencies created by the free market, such as Goldbacks, are becoming popular methods of payment as well.

You have also always been able to grow a plant from a seed, regardless of what those in power have to say. This is one of the most popular methods to those who regularly use cannabis: simply growing their own. However, now, like many things the State regulates, should you plan to “go legit” or bring your plants magically into the “white market” though permits and bribes, you’re looking at a hefty expense. Or, if you grow enough, you could still likely land yourself in a cage. Now that’s some nonsensical shit that not even the strongest of weed could make sense of.

So, the State has allowed you/maybe allowed you to smoke a plant with a lot of restrictions, taxes, and regulations. They’ve left countless poor and needy people in prison for drugs that either don’t have money to file appeals or are minorities that have traditionally been fucked over by the in-justice system in general. Many kids grow up without fathers, families are broken up, and the enforcers still harass non-violent people for using substances. It seems to me that individuals themselves (rather than the State) have made weed a legitimate substance (vs. evil), found ways to sell versions of it while getting around permitting and licensing requirements, and continue to cultivate it in secret without paying thousands of dollars in taxes. It would seem to me that counter-economics has continued to work, and still a black and gray market in weed and other drugs continues to thrive. If I were you, I’d look up your old stoner friend who used to deal to you in the hallway and give him a few bucks for a dime bag. Your wallet will thank you, and so would the late Sam Konkin. JW