Quote:
Originally Posted by Mojo_PeiPei
Article I, Section 8 could probably lend congress the authority to wage the war on drugs, regardless of it's practicality and application.
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The only thing I see in there that may even give them any leverage is regulating interstate/international commerce. If that person grows marijuana from seeds that came from a plant that was grown in their own state that wouldn't apply. Now it would not be practical to go back and analyze the parentage of a plant all the way back to when it first evolved (that would be back before there was a US). Even then should regulation of commerce mean Prohibition based solely on "morality"? The Prohibitionists for Alcohol got a constitutional amendment before enacting their laws at the federal level, shouldn't the drug Prohibitionists have to do the same?
It would also conflict with the fact that our rights aren't limited to those specificly enumerated in the Constitution, due to the
9th Amendment.