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Medical Marijuana and the Tenth Amendment

Friday, April 22, 2011 22:22

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The Colorado Independent has an article (that I found thanks to Complete Colorado) on Obama’s Department of Justice potentially cracking down on the medical marijuana industry in states that have legalized it. (See “DOJ smack down of medical continues, raising questions in Colorado.“)

This presents an excellent opportunity for those that believe in the United States Constitution: a chance to actually enforce it.

The Federal regulation of a plant grown in this state, harvested in this state, sold in this state and consumed in the state is a farce. None of the enumerated powers of Article, Section 8 gives the feds the authority to regulate this activity. Using the interstate commerce clause as a justification is nonsense, yet we countenance it because the US Supreme Court said we should. What sheep we are. The feds can not make the moon the sun by declaring it so. It is time we assert our sovereignty under the Tenth Amendment and stop the fed’s unconstitutional usurpation of state power.

How many “conservative” Republicans would be willing to enforce the Tenth Amendment when the issue is marijuana? On the other hand, how many “progressive’ Democrats want the feds to butt out of this issue, but want them involved in health care?

It is hypocrisy to pick and choose when the Constitution should be applied on a case-by-case basis depending on the issue. The enumerated powers and the Tenth Amendment always apply, even when you don’t want them to.

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