i believe some of the founders grew their own tobacco, so it would be fairly tough to enforce such a law and have it stand up in court.
if it were upheld, that would mean the founders would be found guilty today.
i’m fairly certain the judges today would back off from that
(hmmm... maybe asking whether or not the founders would be found guilty under a law is a good way to defeat it)
The founders also grew their own hemp. That is also extremely illegal to grow.