If a drug is produced in, say, Ohio, and sold there, from where does the federal government derive its jurisdiction to regulate this production and sale?
If you're regarding the commerce clause, the original intent of the CC was to prohibit the states from setting up barriers to entry. For example, charging a tariff to a saddle maker to transport his saddles into or through a state. The original intent had noting to do with regulating what products could be transported into or through a state. Nor did the original intent of the CC grant the government permission to regulate a product because it crossed state lines. A huge number of laws created in the last seventy years have been passed under a misinterpretation of the commerce clause. The misinterpretation of the CC has been as intentional as misinterpretation that the constitution is a living document is intentional.
agreed