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Marijuana prohibition was never constitutional in the first place. In Gonzalez vs Raich SCOTUS narrowly ruled the commerce clause ('the fed's constitutional po
by wallace_f 8y ago
Marijuana prohibition was never constitutional in the first place. In Gonzalez vs Raich SCOTUS narrowly ruled the commerce clause ('the fed's constitutional power to regulate interstate commerce') gave the feds jurisdiction over personal consumption of plants. As Thomas noted: this case had nothing to do with the commerce clause and gave the fed unlimited power.
Every single civil liberty from gay rights to privacy to prohibition of plants and drinks has to somehow go through a political movement rather than just be acknowledged as already constitutionally granted: the federal government was just never intended to have that power.