by American Citizen

Created on: September 10, 2010

We have to ask a pointed question to start getting to the bottom of this.  Is an individual's recreational or medicinal use of a substance a federal issue?  The answer depends on A) whether there is a victim, B) does the federal Constitution grant authority to a federal agency, and C) where the crime (if any)  was committed.

Pot is smoked by individuals.  Unless the "perpetrator" is forcing another person to smoke the pot, there really isn't a crime.  Crimes require victims and proof requires establishing injury, motive, intent and opportunity.  Every case, no matter how complex, depends upon establishing these four basic proofs and the burden is on the prosecution.  I'm not a lawyer, but this foundation is easy to figure out.  On the individual count, California 1 - Feds 0.

Potheads may employ peer pressure, but that's not the same as holding a gun to someone's head.  The very act of holding a gun to someone else's head is not even in pothead repertoire or vocabulary. 

What's the DEA gonna do when the Constitution is brought up?  There is neither Article nor Clause providing authority to the federal government over recreational use of anything - including narcotics.  The FDA, the BATFE are founded on rather sketchy grounds (the commerce clause).  Commerce.  But the Constitution says regulate, meaning make regular.  That's not the same as prohibition.  Trade laws should be regular, a level playing field, but nothing is prohibited, except slavery.  We know that took some time but FINALLY slavery was outlawed.  On the Constitution count, California 1 - Feds 0.  To elaborate, consider Prohibition of alcohol.  Alcohol is a mind-altering substance and for the federal government to have the legitimate authority to prohibit individual consumption of it (victim-free), required a Constitutional amendment.   Repealing Prohibition required another Constitutional amendment.

There has been no amendment ever that granted the federal government control over individual usage of narcotics or any other drug.  They can only regulate the trade and taxation.  So in addition to 0 points, they should be slapped on the wrist with handcuffs for enforcing laws that don't exist with any legitimacy.

On the issue of location, one would have to smoke pot across State lines to invoke federal jurisdiction.  Or sell across State lines and even then, it would be Uniform

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