[dennisw]

Do you think national marijuana prohibition is in keeping with the original understanding of the Commerce Clause and Tenth Amendment... yes or no?

1. I am a fan of The Tenth
2. I believe in the original interpretations of the Commerce Clause.
3. The Federal Gov has used this clause to madly overreach
4. ---
5. I have no problem with current Federal marijuana laws because marijuana is trafficked across national borders and state borders all the time
6. How about meth and coacaine0? You want that legalized via the Tenth Amendment?
7. Are there any efforts to make Farmer John's California grown marijuana that is only sold in California,  100% legal in California? Let me know. That might sneak in under The Tenth
8. --
9. Say some New York researchers discover a very good drug but they can't afford the millions it takes to get FDA approval---
10. would you approve of it being manufactured and distributed in New York only? What if someone from New Jersey buys that drug and takes it to New Jersey? How do you prosecute him?

[tacticalogic]

#2 and #5 are contradictory. You cannot simultaneously support holding Congress to the original intent of the Commerce Clause, and approve of legislation that assumes control of intrastate commerce, or assumes control of the manufacture, growing or posession of something because it could hypothetically be part of interstate commerce some day. This is not what the objective or nature of the Commerce power was intented or understood to be by the people who made that transfer of power.

[Ken H]

I believe in the original interpretations of the Commerce Clause.

How can that be true? You support federal drug laws based on the New Deal Commerce Clause.

I have no problem with current Federal marijuana laws because marijuana is trafficked across national borders and state borders all the time

I asked about national marijuana prohibition, which includes intrastate. That depends on the New Deal Commerce Clause, which you claim not to support. You can't have it both ways.

How about meth and coacaine0? You want that legalized via the Tenth Amendment?

Well, in that sense murder, rape and assault are legalized via the Tenth Amendment since they are not federal crimes when committed intrastate. Do you want these crimes kept legal via the Tenth, or do you want fedgov involved there too? I want those issues to be left to the states.

Are there any efforts to make Farmer John's California grown marijuana that is only sold in California,  100% legal in California? Let me know. That might sneak in under The Tenth --

There was an effort that got defeated called Prop 19. I ask you this: If that had passed, would you have supported fedgov efforts to shut it down?

Say some New York researchers discover a very good drug but they can't afford the millions it takes to get FDA approval--- would you approve of it being manufactured and distributed in New York only?

Yes.

What if someone from New Jersey buys that drug and takes it to New Jersey? How do you prosecute him?

That's up to NY and NJ, yes? 18 year olds from states with a drinking age of 21 cross state lines all the time to legally buy liquor and bring it home. How are they prosecuted?