There is water at the bottom of the ocean.
This thread is now on the verge of making sense. A rational consideration of this topic may well transpire.
I think that, as always, we must look to the Constitution.
The Eighteenth Amendment was seen as necessary for prohibiting the manufacture, sale, and transportation of the chemical we call ‘alcohol.’ Yet the wild herbiferous ecosystem participant which neo-prohibitionists call ‘marijuana’ was banned only by Congress. Yet the deadly but common native crop which everyone calls ‘tobacco’ has never been banned in American history.
Maybe the Ninth Amendment applies here? Maybe some rights are retained by The People, not enumerated in the Constitution, which have nothing to do with emanations from penumbras.