2 ms·

Sure, but I said "prohibited", not searched. Even in your example, I'm federally prohibited from smoking weed in my home.

• camgunz 4y ago
  The War on Drugs is uniquely stupid, though there is an argument that the state has a compelling interest in making sure its citizens aren't all addicted to drugs. The legal theory on which the right to privacy mostly stands is called "substantive due process", which more or less says the state can't abridge your liberties without trying pretty hard not to. So liberties here can be contraception use, or drug use. Indeed United States v. Oakland Cannabis Buyers' Cooperative had the coop arguing that the Controlled Substances Act "violates the substantive due process rights of patients, and offends the fundamental liberties of the people under the Fifth, Ninth, and Tenth Amendments". This has generally (and maybe oddly) been at odds with the Commerce Clause, pretty well typified by Wickard v. Filburn where the Court held that even though Filburn was only growing wheat on his own land for his own use, the US could impose a quota on him because it was regulating the price of wheat federally. This extends interpretation of the Commerce Clause from mere interstate commerce to production and consumption. Here's a good quote: "Hence, marketing quotas not only embrace all that may be sold without penalty, but also what may be consumed on the premises." I'm not an expert, but I believe this is the constitutional leg on which the CSA stands: the gov't can regulate what you consume. I'm personally sympathetic to the substantive due process challenge argument, but probably still too young to be on the Supreme Court. Call your senator! :)