I think Article 3 of the constitution says “cannabis shall not be scheduled”. I could be wrong but that might be the judge’s read.
I am not in favor of full legalization of marijuana. But I have thought for a long time now that classifying marijuana as a Schedule 1 drug was preposterous.
“I think Article 3 of the constitution says “cannabis shall not be scheduled”. I could be wrong but that might be the judge’s read.”
Which section of the Constitution do you think authorizes fedgov to override state marijuana laws?
Put your finger on the part of the Constitution granting Congress the authority to tell you what vegetables you're allowed to grow, eat, smoke, or walk around with.
The power to regulate marijuana belongs to the states, and to the states alone. That part is right there in the most important Article of the Bill of Rights: Amendment X.
This isn't an argument that was settled in 1865, either. Before 1936, we understood this, and required a Constitutional Amendment to ban the sale, manufacture, importation or consumption of alcohol. Before that, states could regulate alcohol and other consumables, and did so. Legally.