Either government has the authority or it doesn’t. A plain reading of the plain text of the Constitution plainly states it doesn’t. Only when the Courts have constructed excuse upon precedent upon excuse upon precedent, do they finally reach the point that they recently decided there is indeed a federal nexus, and therefore federal authority, to regulate something that did not cross a state line and originated in the state in question.
This non-reasoning was used by the Court during Roosevelt to find that the federal government had the authority to regulate a farmer growing corn because the corn was fed to his own pigs and if those pigs were sold on the market, they price they fetched might affect the price of hogs in another state.
And that ruling, along with others like it became the foundation stones for Roosevelt's New (socialist) Deal, which later was expanded by Johnson's Great Society and the "war" on poverty.
If one were ever able to repair all this damage, they would have to repair the damage done to the Constitution. When you undo the basis for big and bigger government, you undo the basis for regulation of drugs as well.
Happily, more and more people like myself see this structure as a total fabrication that cannot be justified and must be vacated. The Court’s response has been, and indeed the Senators grilling prospective Justices have echoed the same, that precident is more important than the plain text of the document they are all sworn to preserve, protect and defend. Thus, we are treated to Senator Schumer and Kennedy for hours lecturing the nominees on ‘settled law’ for a ruling (Roe v Wade) that is clearly bankrupt and must be vacated.
All these people fool only a few, and the more vocal they support this status quo, the more they look like the power-drunk fools they really are. Even so, hardly anyone in power can must their courage to say anything to the contrary, except Cong. Paul and even then look at how few will give him the time of day.
The only relief comes where the MSM is on the decline and for the time being at least, the internet offers unfetter access to the facts, even as it gives the moonbats a place to resonate and amplify moonbattery.
The federal government has the power to regulate the interstate commerce of anything their little hearts desire. And the power "to regulate" includes the power to prohibit. I'm assuming we agree up to this point.
But what if some completely in-state activity (it need not be commerce) has a substantial effect on Congress' efforts to regulate interstate? Are you saying Congress has no power over that?
Congress (via the FAA) regulates the interstate commerce of goods and passengers in the airways. They set takeoff and landing patterns, cruising altitudes and speeds, common radio frequencies, pilot licensing, etc. What about the private pilot flying totally within his state? The federal government has no control over his flying until he has a substantial effect on their interstate efforts (ie., when he flies into controlled airspace).
You're saying he should be free to fly wherever and whenever he wishes? I don't think you really believe that.
Congress has a congressional finding (in the Controlled Substances Act) which says that local growing of marijuana has a substantial effect on their efforts to regulate the interstate commerce of marijuana.
Think about it for a minute. Two adjacent states, A & B. If marijuana is legal in state A and legal in state B, then the only time it's illegal is the instant it crosses the state line. Since marijuana is fungible, no one know where it came from.
Now, maybe you think you found a loophole in the system or that you can play "gotcha" games with the federal government, but it doesn't work that way. The Founding Fathers didn't give Congress the power to regulate interstate commerce only to have that power undermined and subverted by the states or individuals within the state.
Maybe Congress shouldn't be regulating marijuana or drugs in general. You can certainly argue that point. But to say that Congress can't regulate drugs is a non-starter. It is constitutional.