CO is exercising its legitimate authority under the Constitution. Shouldn't the Tenth Amendment be as strongly supported as Second?
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’.