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To: Elderberry

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.


4 posted on 01/04/2018 9:09:48 AM PST by Jim Noble (Single payer is coming. Which kind do you like?)
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To: Jim Noble

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 there’s just no fixing it. And one issue just won’t 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.


15 posted on 01/04/2018 9:16:22 AM PST by CottonBall (Thank you, Julian!)
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To: Jim Noble
my personal views about the demon weed

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.

51 posted on 01/04/2018 10:05:36 AM PST by rawcatslyentist ("All that is necessary for evil to triumph is for good men to do nothing")
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To: Jim Noble

“....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.


58 posted on 01/04/2018 10:12:42 AM PST by Brian Griffin
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To: Jim Noble

Well said


65 posted on 01/04/2018 10:34:53 AM PST by DariusBane (Liberty and Risk. Flip sides of the same coin. So how much risk will YOU accept? Vive Deo et Vives)
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To: Jim Noble
I completely agree with everything you've said. But there is a caveat. Using constituents from the marijuana plant for truly medicinal purposes (and that does NOT include smoking it). There are three or four individual compounds contained in marijuana that are medically helpful in the control of pain, and other issues. My wife has had three back surgeries and open heart surgery. These compounds, have helped her with major ongoing pain that could not be dealt with with "legal narcotics," i.e. opioids! It's just sad that the "get high crowd," has used "medical marijuana" as a foil to get marijuana "legalized," so they can get high without fear of arrest.
78 posted on 01/04/2018 11:08:18 AM PST by vette6387
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To: Jim Noble

The DEA banned your beloved marijuana [by classifying it as a Schedule One drug]—not Congress.

Potheads have trouble getting ANY facts straight.


81 posted on 01/04/2018 11:18:01 AM PST by MarvinStinson
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