Big-government "conservatives" have signed on to the FDR court's perversion of the Commerce Clause via "substantial effects."
The Marijuana Tax Act of 1937 banned its use and sale.
Yet, as one might hope, the Tax Act was ruled unconstitutional a few years later. What followed in the 1970s was the Controlled Substances Act.
Marijuana was “temporarily” put under Schedule One of the CSA while Nixon had a committee study the issue.
“The Schafer Commission, as it was called, declared that marijuana should not be in Schedule I and even doubted its designation as an illicit substance. However, Nixon discounted the recommendations of the commission, and marijuana remains a Schedule I substance.”
http://www.drugpolicy.org/blog/how-did-marijuana-become-illegal-first-place