This thread is now on the verge of making sense. A rational consideration of this topic may well transpire.
I think that, as always, we must look to the Constitution.
The Eighteenth Amendment was seen as necessary for prohibiting the manufacture, sale, and transportation of the chemical we call ‘alcohol.’ Yet the wild herbiferous ecosystem participant which neo-prohibitionists call ‘marijuana’ was banned only by Congress. Yet the deadly but common native crop which everyone calls ‘tobacco’ has never been banned in American history.
Maybe the Ninth Amendment applies here? Maybe some rights are retained by The People, not enumerated in the Constitution, which have nothing to do with emanations from penumbras.
No, it wasn't. It was just seen as being less susceptible to repeal than legislation.
I found this article interesting:
James Bovard: Harebrained Pot and Wheat Decisions
http://www.fff.org/freedom/fd0510c.asp
It is also relevant in light of Obama’s takeover of GM and banks - his nationalization of private enterprises and hence his socialization of our economy.