The only argument I've read on this page saying it's constitutional is something along the lines of this;
"The government has the right to regulate a substance based on its harmful nature." The glaring problem with this arguement is that alcohol and tobacco are significantly more harmful than weed. So via this logic, tobacco and alcohol should either be illegal with weed, or weed should be legal. It's really as simple as that. Once you break down the argument the only thing they can reference to keep it illegal would be the original ruling and that, which is well known now, was rooted in racism which is illegal thus making it unconstitutional. I seriously don't understand how it can be seen any other way. The only possibility is that these people are arguing from a point of hear say which has no legal grounding. No matter how you slice it, it should be legal, end of story.
The supporting argument is that the Constitution doesn't mention drugs or cannabis. The Constitution didn't mention alcohol either, which is why the Constitution needed an Amendment (XVIII) to criminalize it. Where is the Amendment to criminalize Cannabis? The prohibition of alcohol was made possible an Amendment and had to be unmade through an Amendment (XXI). The idea that something not mentioned in the Constitution gives our law enforces and legislature the authority to create prohibitive laws is absurd.
Cell phones weren't mentioned in the Constitution. Imagine Congress trying to criminalize America's favorite toy without an Amendment.
Marijuana is a plant that is produced by seed and that naturally grows without chemical processing. Not even wine is that simple. God said in two places in the book of Genesis that plants and animals were made for us for our benefit and that is inclusive of "All plants bearing seed,."
No government has the right to dictate and override the word of God as it has been written. The judicial system, in court tells individuals about to give testimony that they must, "place their right hand on the Bible and left hand in the air swearing to tell the truth, the whole truth and nothing but the truth." Obviously the judicial system sees some validity and value as far as upholding the Bible as a book of truth yet they fail to recognize the truth clearly written in the Book of Genesis.
All of this is nothing more than criminal extortion and human rights violations of the citizens of any country by their government and state. Marijuana prohibition is nothing more than a criminal way for the government and state to make money at the expense of the people and robbery of their rights and liberties.
The government has further violated freedom by telling citizens what they can consume. They don't understand what to do anyway. Look at the FDA and how one minute is approves drugs and then later bans them. For years propaganda has been spouted telling us the values of vitamins for the human body. Recently the FDA makes the claim "vitamins are worthless in the treatment of serious diseases and have little value; that might be dangerous." So we are being controlled, manipulated and told what we can consume and cannot from an agency that doesn't know how to do this.
When it comes to marijuana, it is not about medical benefit which it has, it is about your freedom, Godly rights given to every person and your liberty that has been robbed from you by your government and state. For decades we have begged the government to legalize marijuana passively and diplomatically. 58 percent of the American population desires that marijuana be completely legalized. So why isn't it legal? The government is not representing the citizens of the country and the states.
This is simple, if you don't desire to consume marijuana in some way then don't but don't rob the freedoms and liberties away from those of us that desire to consume it. Who is forcing anyone's hand to consume marijuana?
You as a people don't need to ask the government to legalize marijuana anymore than you have for decades. You need to make war and take your rights and liberties back, if necessary. No politician should be allowed to win an election if they are not fully in favor of legalizing marijuana. Don't vote for anyone that does not support the full legalization of marijuana. The potential benefits financially in regard to the U.S. and also international trade is enormous.
Marijuana prohibition is unconstitutional because it goes against "life, liberty, and the pursuit of happiness." Marijuana has medical benefits and can help alleviate symptoms related to diabetes, anxiety, and depression, as well as serve as a pain reliever for major medical issues. Marijuana prohibition is unconstitutional because it deters people from pursuing happiness. Legalizing marijuana and standardizing it will have many benefits.
When we removed the constitutional amendment that banned alcohol, the goverment and the people set a precedent that could probably be used by lawyers to prove that banning marijuana is unconstitutional. At the very least, it should be decriminalized. It is now being made legal in several states under the States Rights protocol.
According to the 10th amendment of the U.S. Constitution, the power to prohibit the use of any drug--including alcohol--is "reserved to the states respectively, or to the people." If the Constitution DID allow for such restrictions, there would have been no reason to enact the 18th Amendment to prohibit alcohol in the early 1900s. Therefore, it is pretty obvious that ANY federal laws prohibiting marijuana (or any drugs, really) are by definition unconstitutional and should be repealed immediately in deference to local state laws. While we're at it, get rid of the DEA and stop funding the misguided War on Drugs.
Robert Anton Wilson said it is unconstitutional for cannabis to be prohibited on a federal level. I find him a more credible source than say, Richard Nixon. This issue in particular is embarassing since like so many frivolous laws, it says we can't trust ourselves with a plant, and we are deathly afraid every last one of us will end up smoking a plant thats not tobacco. Let me just say this is completely unfounded Since the plant is readily available in any black market. Introducing cruel laws results in crueller criminals who will kill for their freedom. The draconian sentences are medieval and dont belong in a supossedly free country.
The 10th amendment states that whatever is not specifically delegated to the federal government in the constitution is passed to the states to decide. Whether the document says anything about drugs is irrelevant. The decision should not be a federal one, but a state one. Even with that being said, it's not even the feds.' right to decide the legality of harder drugs like cocaine or heroin. That's up to the states as well. I personally don't even think hard drugs should be banned because illegal substances create a dangerous market and allow for a great deal of crime to take place. Making heroin legal does not mean that everyone will suddenly go out and do it. In fact, there are studies that say -- upon making the drugs legal, the same amount of people use drugs, but the levels of violent crime, overdosing, and the transmission of diseases passed intravenously (like hiv) were all reduced (the transmission rate decreases because upon making drugs legal, syringes would no longer be contraband). The people who want to do drugs will always do drugs, and those who don't, won't. The issue of legality makes no difference, except that it puts millions of non-violent criminals in prison each year. The obvious solution is to legalize marijuana for adults 21+ , regulate it, and tax it, so there is the possibilty of a growth in the economy. As far as the harder drugs go, i would decriminalize it, and give out tickets to those who possess it. With all that money we save trying to win the war on drugs, and all the money we make from taxing it, we could invest more into drug treatment facilities, which we so desperately need in this country. I would of course keep it illegal to drive while intoxicated or to despense it to minors. I would also crack down hard on those who use around children, or those who neglect or harm children while high.
It's really that simple. My views are the same as those of ron paul in this situation. I believe his views are educated and make the most sense, realistically.
As a person, a human-being, something with the actual ability to think, I would say they only way we can really find out if this is a bad idea or not is to figure out something like this on our own. Marijuana has been around as long as The United States and its need for money, love, and happiness. Overall, im trying to state the fact that the beginning of this country was getting stoned and fighting off one of the greatest superpowers around, AND winning. I think that overrules all misconceptions about it making anyone stupid lol. I personally find another reason to be just as important, if not more important than getting high. Back then, people grew crops for another reason too of course. Cash. Marijuana comes in many different strains these days making it very easy to manipulate the pricing and potency, making this cash crop way more expensive than any awful tasting cigarette you can find. Ganja tastes better, cost more, is in higher demand, and can attract money from across the entire world being a country that allows visitors from anywhere. If weed was legalized I can almost guarantee you people would want to come from other countries to spend the 4/20 holiday in the States, because its already a holiday that goes extremely hard here. America would be so rich and far out of debt, I think you have to be retarded yourself not to notice the difference it could make. I dont mean to sound unprofessional in anyway, im simply stating something I believe to be a fact. Marijuana is harmless, but you allow addictive substances like alcohol and cigarettes to stick around. NSAIDS hospitalize hundreds of thousands each year. You can smoke 1 joint and relieve the same pains in a fraction of the time it takes for a pill to kick in, and you cant overdose on smoking weed either. Another good time to smoke is when you have become nauseous, as it relieves nausea even as severe as the stomach flu. If you give marijuana a chance, I do honestly believe she will benefit our society by decreasing dumb crime rates, attracting tourists, and boosting our economic revenue and profit.
It is unconstitutional for the government to tell us what we can and can't put in our bodies hey I like to put marijuana in my body but the government says no WTF how did they do that? They got around it with taxes saying they are taxing EVERY SINGLE "ILLEGAL" DRUG and the only way to have legal marijuana is to obtain a government issued stamp that says you can have so much of this kind of drug but the thing is they don't make those stamps so making any drug illegal is unconstitutional now to deal with dangerous drugs the law could make it the equivelance of attempted suicide so they would immediately get help and all harmless drugs (marijuana ,LSD, LSA ,DMT ,smrooms, ect) will be legal
Prohibiting marijuana isn't unconstitutional because of the 10th Amendment regarding states' rights. Any power not specifically given to the federal government is reserved for the states. Since marijuana isn't mentioned in the U.S. Constitution whatsoever, each individual state determines what can be done regarding marijuana use. Congress can pass laws as well giving this power to the federal government. Unless an amendment is offered up specifically dealing with marijuana, states can handle the situation as they want to without being banned by the constitution.
The constitution doesn't mention anything about marijuana or drugs in general. It is perfectly permissible to ban drugs on the basis of their danger and their effects on human health. No one denies that it is important to ban hard drugs like cocaine or heroin. In the same way, it is legal to ban marijuana
I don't agree with marijuana being prohibited, but I don't think that it is unconstitutional. The constitution does not say anything about what items that can be banned or not as far as substances go. However, I do think that marijuana should be legalized because it would help with the economy.
The constitution doesn't mention anything about marijuana or drugs in general. It is perfectly permissible to ban drugs on the basis of their danger and their effects on human health. No one denies that it is important to ban hard drugs like cocaine or heroin. In the same way, it is legal to ban marijuana.
No, a marijuana prohibition is not unconstitutional, because the right to smoke dope is not in the constitution. Congress has the right to make laws respecting interstate commerce. Banning something in interstate commerce is a lawful use of that power. Congress has the power to prohibit marijuana, and there is nothing in the constitution that specifically allows it. A ban on dope is not unconstitutional.
At present laws prohibiting cannabis use have not been declared unconstitutional so it is not unconstitutional QED.
Is prohibition right? I say no but use should be allowed selectively based on wisdom and common sense.
Is prohibition just? No, given the severe penalties for use, sale and possession. It's just a weed. The issue would be far less important if use was only a misdemeanor, except when use endangers the public such as when driving.
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Boom. The tenth amendment says so. "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." So, anything not listed in the constitution leaves it up to the states to decide whether or not they want it legalized.
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Marijuana is the safest drug out there if you even wanna consider it a drug. It won't make you sick, has lots of proven medical properties, can inspire creativity, deep thoughts, and so much more. There is so much money just waiting to be made by the government legalizing it rather than them spending countless tax dollars continuing a losing war on drugs were mainly harmless weed smokers are targeted, arrested, and basically have their lives ruined over a harmless plant. With all the money being spent on the war on drugs switching over to just taxing weed would Inable the government to properly take care of the homeless, solve hunger issues, improve school systems, improve space exploration, improve the failing economies in major cities, provide proper veteran benefits and so much more.