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Is the legalization of Marijuana a State's right? If no, how would it be the right of the Federal government to prohibit or legalize it?

Asked by: Dantheman828
  • Yes, according to the Tenth Amendment

    The FDA and DEA are unconstitutional by the 10th Amendment to the U.S. Constitution. The Federal government does not have the power to regulate what adults are and are not "allowed" to consume. Therefore that power falls to the states. Whether a state can allow (or ban) a drug is dependent upon the specific state laws.

  • The federal government only has the powers laid out in the US Constitution, and drug regulation is not one of those powers.

    The federal government only has 17 powers. They are listed at This list does not include any authorization for the federal government to regulate what people can grow, consume, purchase, sell, or barter. However, the 10th Amendment says, "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." This means that the States have the right and power to regulate drugs within their own State. This means that Georgia could allow all drugs to be used, grown, sold, and used legally. And Florida could make aspirin and all other drugs illegal. And both would be Constitutionally within their authority.

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