Tgace
Grandmaster
- Joined
- Jul 31, 2003
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But we are getting into the weeds with Constitutional law...the individual States have their own laws regarding drug use and possession and most of the time its the state that prosecutes drug cases unless you are dealing with interstate/international trafficking or criminal enterprises/organized crime...where the feds step in.
The Feds get their enforcement authority....as they almost always do...through taxation and interstate commerce; and subsequent case law. And the handy "general welfare" clause of course.
The federal "war on drugs" assists the several states...
However since drugs are trafficked by means of INTERstate trafficking ...then Article I Section 8 Clause 3 applies...
"To regulate Commerce with foreign Nations,and among the several States, and with the Indian Tribes;"
I know of no USSC cases that state an individual States laws banning drugs violates the US Constitution.
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The Feds get their enforcement authority....as they almost always do...through taxation and interstate commerce; and subsequent case law. And the handy "general welfare" clause of course.
The federal "war on drugs" assists the several states...
However since drugs are trafficked by means of INTERstate trafficking ...then Article I Section 8 Clause 3 applies...
"To regulate Commerce with foreign Nations,and among the several States, and with the Indian Tribes;"
I know of no USSC cases that state an individual States laws banning drugs violates the US Constitution.
Sent from my Kindle Fire using Tapatalk 2
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