Just to be clear up front: If I had the power to prohibit marijuana I would do it.
But the issue of Federal authority vs. State authority is much more important than my personal views about the demon weed.
In 1917, when Congress decided it wanted to ban fermented plant products (alcohol), they realized that the Constitution granted them no such power and that an Amendment would be required in order to make the Volstead Act constitutional.
In 1970, when Congress decided it wanted to exercise legislative authority over other plant products (marijuana), they just went right ahead and did it.
If the Volstead Act would have been unconstitutional without the XVII Amendment, what makes the marijuana portions of the Controlled Substances Act constitutional?
States which are legalizing marijuana are making a serious error, in my opinion. But I have no question that they have the authority to do this.
I have serious doubts that Congress has, or had, the authority to ban it.
How about immigration? An Obama judge decided that federal laws trump state laws when it comes to immigration.
It seems that most issues are not specific in the constitution, therefore they should be decided at the state level only. But we have gone so far away from that that theres just no fixing it. And one issue just wont make a difference anymore.
But I can see that issues involving public safety and health should Be at the federal level, covering all citizens equally even if they live in an idiot state.
You have the right to your view. I have the right to mine. Neither makes nazi tactics against the other just.
As far as claiming a demon made it, you should read Genesis again.
“....what makes the marijuana portions of the Controlled Substances Act constitutional?”
I believe a 1943 Supreme Court agricultural product decision. Some guy was claiming his family was eating more of his farm’s products than was likely.
Well said
The DEA banned your beloved marijuana [by classifying it as a Schedule One drug]—not Congress.
Potheads have trouble getting ANY facts straight.