Big Tobacco was sued because the companies involved lied and misrepresented the facts in order to present their product as safe when they knew it was not. It does not have to be this way. Legalization of drugs does not mean that there will be national marketing campaigns encouraging heroin use, as some critics have claimed. Marketing currently illegal drugs can remain totally prohibited, or regulated in varying degrees while not decreasing availability for those who desire to use the drugs.

This is an issue of civil law and not criminal law.

If drugs were produced or marketed by legitimate companies, those companies could be held responsible for purity and safety.