Congress should have no say one way or the other in intrastate regulation of marijuana, tobacco or alcohol.
If you think otherwise, then name the section of the Constitution which delegates that power.
Commerce Clause, specifically the dormant commerce clause.
It is actually the Wickard Commerce Clause, a fraudulent New Deal invention, that led to fedgov control over drugs, education, health care etc. The Dormant Commerce Clause is another fraud which has nothing to do with marijuana prohibition. Scalia and Thomas both said it was illegitimate =>
As predicted, Justice Scalia dissented separately on the grounds that the Dormant Commerce Clause doesn’t exist. He was joined in part by Justice Thomas, who wasn’t willing to apply the doctrine anyway under stare decisis. Justice Thomas wrote his own separate dissent (joined in part by Justice Scalia) focusing on originalist arguments against the Dormant Commerce Clause.
http://www.nationalreview.com/bench-memos/418780/comptroller-v-wynne-dormant-commerce-clause-very-very-alive-jonathan-keim
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Do you think the Dormant Commerce Clause and the Wickard CC are justified by the original view of the Constitution?