[Roscoe]

I know it sounds radical, but some people think the police should wait until someone actually commits a crime before they arrest them.

Possession of illicit drugs is normally a crime.

[FormerLurker]

Possession of illicit drugs is normally a crime.

Then why pray tell wasn't the possession of alcohol illegal during the Prohibition? Why is it that the Commerce clause is sufficient to PROHIBIT drugs but not alcohol?

[tacticalogic]

Possession of illicit drugs is normally a crime.

True, but the principles involved are flawed. Our legal system operates under the premise that you are innocent until proven guilty. The Commerce Clause gives Congress the power to define what is or is not legal in matters involving interstate commerce. Prohibitions based on Commerce Clause authority imply that the intent to engage in interstate commerce is assumed, without having to prove it.