[Amendment X]
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
This one is posted for your immediate edification. In looking over article 1, section 8, I find NO DELEGATED power to ban or prohibit one single solitary thing. And according to this, if it's not specifically there, it does not exist.
Beg those questions.