Does the prohibition of marijuana violate the Constitution?
It is my solid opinion that federal laws against marijuana and other such drugs are blatantly unconstitutional. Per the Tenth Amendment, the federal government is only to have those powers that the Constitution explicitly allocates to it. All other powers belong to the states, or to the people. It’s worth noting that when the Prohibition against alcohol was enacted, this was all very clearly understood. The federal government did not have the authority to regulate alcohol, until the Constitution was amended (the 18th Amendment) to give it that authority. Only by amending the Constitution could a ban on alcohol be enacted at the federal level. When the people decided that they didn’t like the results of this prohibition, the Constitution had to be amended again to end it. The Constitution has never been similarly amended in any manner to give the federal government any authority over marijuana or other drugs; therefore, the federal government simply does not have this authority. Under a
Unfortunately, probably not. The Bill of Rights does guarantee that the government will not deprive a citizen of “liberty,” which could be interpreted as the freedom to smoke pot. However, there is a big but: citizens will not be deprived of “liberty” without due process of justice. In effect, due process has been carried out and it has been unfortunately decided that marijuana should be illegal. IMHO, people who work at local and state levels are going to have more success liberalizing marijuana laws than those who look to the Constitution. However, there are elements of the Constitution that in effect protect a pot smoker, such as the right to freedom from undue search and seizure. Keep in mind that none of this is going to do much good when the boys in blue roll up on you with smoke billowing from the windows your car; you thus would be subject to a “due” search and seizure, the authorities having probable cause.
Yes the seventy year prohibition of cannabis marijuana cultivation is a deadly conspiricy to violate the constitution of the United States for several reasons. The first is that the legislation which started marijuana prohibition was the 1937 marijuana tax act created by agents of the Department of treasury to evade the constitution and eradacate cannabis hemp cultivation from American farms. Hundreds of thousands of people were falsely arrested, deprived of property and imprisoned under that act until it was overturned in 1968 by the United States Supreme court as unconstitutional because the marijuana Tax Act was not created to collect tax but to prohibit cannabis hemp cultivation. The second is that in order to continue the already unconstitutional prohibition the Treasuary Department created the controled substance act and listed cannabis, marijuana as a schedule 1 Controled substance with no acceptable medical use. A big lie. Prohibition of marijuana never had anything to do with
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