Pete,
I don't think my opinion is the one that is flawed.
You state "it confuses use of drugs with abuse of drugs." If you "use" drugs at the very least you "abuse" being a responsible citizen because you are showing contempt for the law.

As far as comparing drugs to overeating. when was the last time you heard of someone robbing Wendy's simply to get a hamburger? Let's not compare apples to oranges.