At the risk of getting hammered that I haven’t read the thread, (read over quickly) I would like to say that as a supporter of Heritage.org, that the issue of legalization of MMJ ultimately would be constitutional. Where in the Constitution of the United Sates does it empower the federal government to regulate drugs, or tobacco, or alchohol? It doesn’t. Therefore, under a 10th amendment challenge on the level of SCOTUS, I would think that the power to do so would be owned by the states and that the FDA could be unconstitutional. HOWEVER, until a SCOTUS review on the issue is made, despite the chance of a more liberally leaning court, the ultimate determination regarding this issue and states rights, has yet to be determined, but could likely, even with the current SCOTUS, very realistically declare that federal laws regarding possession of MMJ etc.. could also be unconstitutional. Additionally, I would like to point out that Heritage rarely goes against a constitutional issue, but in this case evidently has a stronger anti-MMJ stance than a strictly constitutional concern. There is nothing simply black and white here.
Here you touch on the greater question. How dare you?
Once the precedent is established (de facto, not by jurisprudence otherwise) that the government has the authority to regulate what adults willingly consume, why this would only apply to prescription drugs, 'controlled substances', and the localized or occupational use of other substances?
If the government can control one's intake of certain alkaloids, then the government similarly could control one's intake of cholesterol, transfats, carbohydrates, proteins, and even legislate which forms of those substances would be legal, for the 'common good'.
In short, they can tell you not only what to eat, but how much, and demand it be prepared a certain way (after all spices are either 'chemicals' or herbs), as well as demand you only use a gallon or two of water to flush the inevitable result of such consumption.
Now, I haven't been able to find anything which authorizes the Government to regulate what substances any adult willingly consumes, at least not in the United States Constitution, but I continue to be amazed at how many who consider themselves "Conservative" would claim that the authority not only exists, but that to deny it is somehow "Liberal" in any sense but a Jeffersonian one.
In the meantime, the usurped authority is being used to deny the entire population their 4th, 5th, and 14th Amendment Rights, increasingly.
Government derives its just powers from the consent of the governed, but in giving that consent, it is not a question of what good can be had by granting government a specific power, but how much harm can be created if that power is abused in extremis.
If Government is granted the authority to regulate anything we consume, save for standardizing the measures of quantity and purity, it will not be long before Government is regulating everything we consume.
As with all concessions of power, it is a slippery slope.
You should read the thread - you'll discover how full of cr@p the Heritage paper is.