By operation of the so-called ‘preemption’ doctrine, federal law supersedes state law.
The tenth reserves to the states all powers not delegated by the Constitution to the feral gov., or denied by the Constitution to the states.
Since federal law has preempted this area of law, under federal law, the cultivation, sale and use of whacky tobacco is generally illegal.
Since Colorado is one of the states, they are in violation of federal law.
‘Salutary neglect’ by the federales: laches, refusals to act (now this is what we expect from them), detrimental reliance, hardship, etc.—all equitable defenses, all of these things do not make Colorado’s actions legal.
The Bill of Rights expressly protects the keeping and bearing arms. In “legalizing” pot, Colorado simply told the ferals to ‘go pound sand’.
The answer is still ‘no’.
“The tenth reserves to the states all powers not delegated by the Constitution to the feral gov”
And where did the Constitution grant the authority over plants and drugs to FedGov? It didn’t, and that leaves it clearly to the states.
And where in the Constitution do the feds claim that power? Answer - the expansive Commerce Clause in place since Wickard.
The same expansive Commerce Clause has allowed fedgov control over health care, education, the environment etc. It is an expansion of federal power at the expense of the Tenth Amendment. How can you defend it?
Where exactly in the Constitution is the specific, enumerated power for the Federal government to regulate this plant?
No emanations from penumbras, please.