~ Legal Basics Relevant to Ending Cannabis Prohibition ~
For many decades, the legal status of cannabis has caused countless arrests and other consequences for good people who have done no harm. The basis of “law” in a free country is to maintain safety and order. Cannabis is a widely-used safe natural herb with countless benefits. Legalizing cannabis would restore order in society by acknowledging the demand of the people and putting drug cartels out of work.
The very important Tenth Amendment to the US Constitution is part of the Bill of Rights. Tenth Amendment states the Constitution’s principle of federalism by providing that“powers not granted to the federal government by the Constitution, nor prohibited by the States, are reserved to the States or the people.” It was Amendment 18 that allowed the federal government to prohibit alcohol and the 21st Amendment that repealed it.” By this standard, a constitutional amendment must exist to justify the federal government’s use of resources in states where medical marijuana and adult recreational marijuana are legal……. Correct? Find one! Chris Williams and Randy Leiberguth (both of Montana) are challenging this very issue.
Many would argue that the Supremacy Clause renders the 10th Amendment meaningless. Federal laws are valid and are supreme, so long as those laws were adopted in pursuance of—that is, consistent with—the Constitution. We the People reserve all rights to nullify an unconstitutional law. the Tenth Amendment allows us to retain all the powers outside of the Enumerated Powers of the Federal Government. None of these directly relate to cannabis prohibition or drug prohibition of any kind. There are clear guidelines on declaring war, coining money and other important Congressional tasks, but nothing on drug laws.
The final “power” granted to Congress in Article 1 Section 8 of the US Constitution is called the “Necessary and Proper Clause” stating that Congress shall have Power to make all laws which shall be “necessary and proper” for carrying into Execution the foregoing Powers. The justification for our drug prohibition laws are based on this clause. However, many feel that this clause is being stretched too far and should only apply to situations where absence of said law would cause difficulty in exercising the Enumerated Powers. How does cannabis get in the way of Congress’ ability to exercise the declaration of war or any other Enumerated Powers? It doesn’t! We will be watching the Montana case for our 10th Amendment rights closely!
Cannabis is CURING CANCER! Sure cannabis is safer than alcohol, but despite its proven safety for recreation, it isn’t even as much about “pot-smokers right to smoke”, as it is everyone’s right to live a long and healthy life. It is about legalizing a plant that would both heal sickness and revolutionize major industries and bring jobs back to our failing economy. It is about the definition of freedom and following the will of the people and about having the power to heal our bodies without government interference, the all-important right to health and longevity, the right to life.