Drug Law ConstitutionalitySubmitted by Cheeseburger on Wed, 06/13/2012 - 07:39
So let me first say the only drug I have ever tried recreationally is alcohol and only a handful of times mostly because I hate the taste. I don't condone drug use but do find its legality or lack of it kind of a mockery to the constitution. I was curious how it is constitutional to ban drugs so I decided to do research. This lead me to the Interstate Commerce clause which is a short sentence saying the feds can regulate international and interstate Commerce.
At this point I still had no idea how this even remotely applies to banning drugs. So I read more and found that basically the basis comes from a supreme court interpretation that even for example a person growing their own wheat or vegetables at home for personal consumption is covered under commerce because it would, no matter how negligible, effect the national market for wheat or that vegetable because they no longer would need to buy it. Now this obviously sounds ludicrous and basically means the feds could regulate everything in existence under this interpretation. But lets for the sake of argument accept this interpretation. I still have no idea how this effects drugs.
Marijuana is illegal. There is no market for marijuana. There is only an illegal black market. The market isn't allowed to exist. Therefore the growing of marijuana for personal use only effects an illegal market. Therefore how on gods green earth can drugs be made illegal. Under this interpretation I can see how they could ban the buying and selling of drugs but not the growing for personal use. The only way they could regulate growing for personal use is if the market for drugs was allowed to exist in the first place and was legalized. If no market exists growing for personal use only effects no market. I would like some serious responses besides just "the government sucks." I mean has anyone ever challenged the constitutionality under my sort of analysis? Can people start challenging prosecutions with this argument?