Yes.
I don't, and if Rush continued to oppose this it still wouldn't make him a hypocrite.
The reason why these drugs are controlled is because they are addicting. Decent, productive people could -- would, actually -- be encouraged to buy these drugs and keep buying them to the benefit of the seller/manufacturor.
You want to make a case that those who buy the drugs shouldn't be criminals I might go along. It might even be a better mode of fighting drug abuse since maybe then they could start filing civil lawsuits against the dealers.