Truth is, CFR isn't even on the radar screen for most American's and only gained enough support for final Senate passage, because of Congressional response following the Enron mess. I believe the USSC will find portions of the CFR legislation, to be clearly unconstitutional and those parts will then be removed from the law. This is specific to the parts that infinge upon free speech, such as the ban on running issue ads against incumbants, 60 days prior to an election.
But lets not forget, this thread is about Libertarian's and illicit drugs. The idea that certain legislation that becomes law, is viewed by some people as unconstitutional, but by other people as constitutional, has been standard fair in America since the earliest days of our Republic. And America's national drug control policy is constitutional.
... to my knowledge, you've NEVER explained why a Constitutional amendment [was not] required for drugs. The reason you can't explain it is because drug laws are NOT constitutional.
I have explained it more then once. Article I, section 1 of the US Constitution, provides that "[a]ll legislative [p]owers herein granted shall be vested in a Congress of the United States,..." I can't help it if you're not satisfied with that. I've posted the Controlled Substances Act several times, along with the 1991 USSC decision, Touby v. United States, 500 U.S. 160, that gave the CSA its legal binding and lawful status.
The federal government isn't violating the law, in the case of the CSA, or the NDCP.
Many DOCTORS (people with actual medical degrees) advocate use of marijuana in specific situations (to avoid nausea from chemotherapy, for example). In fact, people who oppose allowing sick people to get whatever medicines their doctors think are appropriate should ALSO be ashamed of themselves. But none of them are either.
From what I've read and from personal experiences with cancer patients, a majority of the medical community, believes there is no therapeutic value in smoking MJ, for those people suffering from serious/terminal illnesses. There are perscription drugs, that come in pill form, that are available and do a much better job, in relieving the pain and discomfort related to cancer and other horrible afflictions. Bottom line, the federal government is simply doing their job, by enforcing drug laws. Personally, I believe if someone receives comfort, through the psychosomatic relief of smoking pot, they should be allowed to use it, but only under the approval and strict control of a physician.
You've explained it more than once...and every time, your explanation refuses to deal with prohibition of alcohol. Article I, Section 1 is ONLY relevant, in that it refers to the powers enumerated in Article I, Section 8. You have said that prohibition of drugs is constitutionally valid as a matter of "regulat(ing)" "commerce among...the several states." But you have neglected to explain--BECAUSE YOU CAN'T--how that allowed Congress to COMPLETELY end all production and use of drugs, even drugs that don't cross state lines.
Again, WHY was it necessary (or not necessary) to pass a Constitutional amendment for alcohol, to do what was (according to you!) possible with a simple Congressional law for drugs like marijuana, cocaine, morphine, etc.?
From what I've read and from personal experiences with cancer patients, a majority of the medical community, believes there is no therapeutic value in smoking MJ, for those people suffering from serious/terminal illnesses.
This is typical conservative (and liberal!) arrogance. Conservatives (and liberals) extrapolate from their very limited experience...to make laws for everyone. What arrogance! And...let's use the proper word...evil!
The vast majority of the medical profession scoffed at the idea that bacteria caused ulcers and stomach cancer. Until they were PROVEN wrong. It's absolutely evil that people...especially people who don't know @#$%...have the arrogance to tell DOCTORS how their patients should be treated. And it's even worse that they should tell very sick patients what they may not do with their own bodies!