Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
A further reminder. The Tenth amendment was never intended to comprehend indulgent drug usage or bizarre sexual practices. As John Adams pointed out:
“Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”
States are free to ban those - Colorado doesn't.
As John Adams pointed out:
“Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”
Yet he never said federal or state action could make a people moral.
So states are required to ban such practices? Suppose they don't. Then what?
As John Adams pointed out:
“Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.
Given the reverence of the Founders for the document, I'm sure Adams was including people who piss all over the Constitution.