Obviously, if a law allows Utah to shoot smokers and confiscate their property, we do NOT have due process. Actually, if the legal processes of arrest, arraignment, indictment, trial, conviction, and sentencing are conducted in accordance with statute, there is no due process violation.
There might be an appeal under the "cruel and unusual punishment" provisions of the Bill of Rights, in the Eighth Amendment if I recall correctly, but the way jurisprudence in the realm of drug law is developing, I wouldn't bet my life on it.
-ccm
Just as I figured, you ignore the clear language of the 14th on property, and the clear reasoning that prohibitions violate due process, -- to babble on about majority rule statute law, - law that is unconstitutional on its face.
States/localities do not have the power to violate our bill of rights in the writing of their local law.
It is amazing that this fact is disputed by a 'conservative'.