[Ken H]

Since federal law has preempted this area of law, under federal law, the cultivation, sale and use of whacky tobacco is generally illegal.

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?

[offwhite]

"How can you defend it?"

Defend the constitutional power, or defend the exercise of that power?