With a number of states allowing the use of medical marijuana and some now allowing its recreational use, there has been renewed discussion of federalism in the popular media and even in some academic/legal circles. Just Google "marijuana federalism" for a host of links. For example, a blog over at the
Volokh Conspiracy argues:
Quote:
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First, the Constitution does not allow Congress to regulate all in-state marijuana, and the Supreme Court should not have said that it does. Congress's enumerated powers are to regulate interstate commerce, and to pass laws necessary and proper to carrying that interstate regulation into effect.
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This is, of course, the same argument made when some states have tried to make an end-run around federal restrictions of firearms --- if made entirely in-state, the feds cannot regulate it. Note that the blogger quoted above recognizes that the Supreme Court has held otherwise. The ship on that issue sailed a long time ago and I just cannot see putting the genie back in the bottle without a constitutional amendment. And I have seen no serious movement on that.