[Lurker]

“Which position has the Constitution on its side, in your opinion?”

The Feds have zero Constitutional authority to regulate marijuana if it’s produced in a State for personal use and never crosses a State line. I’d argue even further that the Feds can’t regulate what people willingly put into their own bodies. The 9th and 10th Amendments are quite clear on that.

Too bad the Courts have rendered both dead letters.

Wickard v Filburn needs to be revisited by the Courts and thrown out entirely.

L

[sparklite2]

Wickard v Filburn needs to be revisited by the Courts and thrown out entirely.

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It already has been revisited. Part of Dubya’s dubious legacy is the case he pushed through the USSC, Gonzales v Raich. It dropped the ‘substantial’ limitation enabling, as per Justice Roberts in dissent, federal regulation down to the level of church suppers. Bush blew down the tent poles holding up the Republic. We are, IMO, a nation-state now.