Now for a few facts.
The Controlled Substances Act
The Controlled Substances Act (CSA), Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, is the legal foundation of the government's fight against the abuse of drugs and other substances. This law is a consolidation of numerous laws regulating the manufacture and distribution of narcotics, stimulants, depressants, hallucinogens, anabolic steroids, and chemicals used in the illicit production of controlled substances.
The Controlled Substances Act =====================================
TOUBY v. UNITED STATES, 500 U.S. 160 (1991)
The Controlled Substances Act authorizes the Attorney General, upon compliance with specified procedures, to add new drugs to five "schedules" of controlled substances, the manufacture, possession, and distribution of which the Act regulates or prohibits. Because compliance with the Act's procedures resulted in lengthy delays, drug traffickers were able to develop and market "designer drugs" - which have pharmacological effects similar to, but chemical compositions slightly different from, scheduled substances - long before the Government was able to schedule them and initiate prosecutions. To combat this problem, Congress added 201(h) to the Act, creating an expedited procedure by which the Attorney General can schedule a substance on a temporary basis when doing so is "necessary to avoid an imminent hazard to the public safety," and providing that a temporary scheduling order is not subject to judicial review. The Attorney General promulgated regulations delegating, inter alia, his temporary scheduling power to the Drug Enforcement Administration (DEA), which subsequently temporarily designated the designer drug "Euphoria" as a schedule I controlled substance. While that temporary order was in effect, petitioners were indicted for manufacturing and conspiring to manufacture Euphoria. The District Court denied their motion to dismiss, rejecting their contentions that 201(h) unconstitutionally delegates legislative power to the Attorney General, and that the Attorney General improperly delegated his temporary scheduling authority to the DEA. The Court of Appeals affirmed petitioners' subsequent convictions.
Indeed it is, and it clearly does not give the federal government the power of prohibition. The only time the federal government legally wielded such a power was during the time period between the ratification of the Eighteenth and Twenty-First Amendments, and only with respect to one drug (alcohol).
Speaking for myself, the drug war has not succeeded. I have never had a tough time finding the green when I wanted it.
"Now for a few facts." LOL!
Have you no sense of irony whatsoever???
If Stalin had waved the Soviet Constitution in your face, would YOU have taken it at face value as a guarantee of rights?
And if not, why not??
I can assure you that Soviet prosecutors never lacked for 'legal' foundations to their malign operations.
NEVER post some lawyerly casuistry and expect to have it regarded as evidence for anything except the unquenchable thirst and insatiable appetite of these licensed cannibals.