Our Founding Fathers did not intend for the U.S. Supreme Court to usurp its authority by “legislating from the bench” and give Congress authority over such issues as the regulation of drugs in the states, including marijuana.
The 10th Amendment says, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved for the states respectively or to the people.” Doesn ’t it follow then that the neither the Supreme Court nor Congress has jurisdiction over the states in regulating recreational marijuana, medical marijuana or industrial hemp unless a constitutional amendment is enacted giving them this authority?
Apparently the Missouri legislators in Jefferson City will not vote to legalize marijuana because of their unfounded fear that Missouri law would then be in conflict with federal law. They, too, don’t understand the restrictions on the federal government’s authority over the sovereign states when it involves violating the 10th Amendment.
What the Missouri legislators, the federal legislators and the federal Supreme Court are missing is that an unconstitutional federal law, by definition, is no law at all.
Therefore there would be no conflict between federal and state law if Missouri legalized recreational marijuana, medical marijuana and industrial hemp.