”WASHINGTON – As part of a crackdown on legal marijuana, the Justice Department is set to roll back an Obama administration policy to not challenge state laws that allow people to use pot for medical and recreational uses an official familiar with matter said Thursday.”
I don’t know what our current Justice Department has in mind with regard to cracking down on legal marijuana. But I do know our Federal government has absolutely no constitutionally authorized power to prosecute citizens within a state who may be engaged in the manufacture, sale or transportation of marijuana within their State’s borders.
How do I know this to be true? Prior to the adoption of the 18th Amendment, our federal government had no authority to enter a state and prosecute the people therein for the manufacture, sale and transportation of intoxicating liquors. Their hands were tied by our Constitution. After the adoption of the 18th Amendment Eliot Ness became the first federal agent, and acting under our Constitution, to enter a state and arrest those engaged in the manufacture, sale, or transportation of intoxicating liquors. With the adoption of the 18th Amendment our federal government and the several states had concurrent power to enforce prohibition and prosecute those engaged in the manufacture, sale, or transportation of intoxicating liquors.
But this power granted to our federal government was later withdrawn by the 21st Amendment in the following words:
”The eighteenth article of amendment to the Constitution of the United States is hereby repealed.”
And thus, our federal governments’ power over intoxicating liquors within a state’s borders evaporated with the repeal of the 18th Amendment and adoption of the 21st Amendment!
In addition, the authority of the various states to once again exercise and assume sovereign control over their own internal affairs and regulate intoxicating liquors, as the people in each state feel is in their own states best interests was intentionally taken back, and in crystal clear language, by section two of the 21st Amendment which reads:
”The transportation or importation into any State, territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.”
So, the only federal authority over marijuana which is constitutionally based would be over the people of one state transporting it into another state without the receiving state’s consent for its sale or use.
One final note. I fully support our federal government using its constitutionally authorized powers to prosecute and severely punish all those who would dare to transport their intoxicating substances into a state for sale or distribution without that state’s permission. And when I say “severely punish”, the minimum jail time ought to be at least five years! We need to re-establish federalism, our Constitution’s plan, and strictly observe the defined and limited powers granted to our federal government. The people of the various United States need to take back their country and enforce their written constitution and its documented legislative intent, which gives context to its text!
If Jeff Sessions wants to do something useful, then prosecute the Mayors of sanctuary cities and the Governor of California for harboring illegal entrants.
"The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void. ___ Chancellor James Kent, in his Commentaries on American Law