On August 20, 2016, my local Newspaper in St. Joseph, Missouri published a front page story entitled, “Lawyers to block Pot issue.” This is a perfect example of how many politicians, both federal and state, and lawyers misunderstand the process of abiding by the constitution. In case anyone has forgotten, the Tenth Amendment to the Constitution says, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” There is nothing in the Constitution pertaining to drugs.
Therefore, it’s only natural to conclude that the Federal government has no jurisdiction in this matter unless a drug constitutional amendment were to be passed. An unconstitutional statute is in reality no law and is wholly void, so our local Judge, Dwight Scroggins need not worry about the Supremacy Clause law which claims that Federal Law trumps state law.
Unfortunately, the heading of the newspaper’s article used the word “Pot.” The first thing that comes to mind for most people is that of smoking marijuana to get high. Nothing in the article mentioned “medical marijuana” that is taken orally and does not produce a high or “Industrial Hemp” that can be used to produce fuel, paper, food, rope, clothes, soap, sails, plastics, explosives, fiberboard, paint, methanol, gasoline, auto bodies, lubricants, furniture, varnish, salad dressings and much much more.
Until about the first part of the twentieth century, almost all the world’s sails, clothing and books were made out of cannabis. Additionally, a large portion of the world's population survived by eating hemp seed, cooked into porridge called 'gruel'. Don’t you find it strange that cannabis is, for the most part, illegal to grow in the United States? You don’t suppose it is because powerful drug companies, cotton producers, the paper industry and energy producing companies have used their influence to destroy their competition from cannabis?
I suggest that the politicians and lawyers take another look at their attempt to block the legalization of “pot,” or to be more accurate and more inclusive, cannabis which includes pot, medical marijuana and industrial Hemp.