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To: Mark Bahner
My knowledge in that area is somewhat limited, but I'd bet that there was state or local criminalization of alcohol possession at least SOMEWHERE in the United States when the Constitution was written.

My knowledge is also limited, but I don't think there were any until after the Civil War.

You need to be very careful with your wording, when you say, "government!"

I was trying to be careful. That's why I said that some state constitutions allow for this sort of lawmaking; the Federal Constitution clearly says it's a state or people, not Federal, area.

446 posted on 05/17/2002 3:31:27 PM PDT by Virginia-American
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To: Virginia-American
I was trying to be careful. That's why I said that some state constitutions allow for this sort of lawmaking;

Oops. You were careful. I wasn't careful in my reading. Sorry. I missed this:

I assume that some state constitutions, maybe even all of them, would allow the state to attempt to ban certain substances. It's interesting that the only state-level drug laws prior to the 'progressive' and 'new deal' eras were anti-Chinese (opium) laws in California and Colorado. Period. Prior to FDR, MJ was not regulated

Personally, I'd be surprised if there was anything in any state Constitution that spoke directly to GIVING government the power to ban substances. But I wouldn't be surprised if the 9th-Amendment clones that exist in the various state constitutions aren't considered to give people the right to be free from criminalization of drugs. (For example, I'd be surprised if the Utah state constitution had something that specifically GAVE the state or local governments the power to criminalize alcohol or cigarettes, but I wouldn't be surprised if some of the Mormon towns had such laws.)

Sorry again about the lack of careful reading.

448 posted on 05/17/2002 3:44:07 PM PDT by Mark Bahner
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