What the constitutional justification for criminalizing the growing and possession of marijuana?

Question

There isn't one.

Answer 1

In the Declaration of Independence, a part of it reads:

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

But other than that, there is nothing that supports the right to something that has the potential to destroy. In fact the Constitution has been altered to include...

AMENDMENT XVIII (18)
Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

This was passed by Congress December 18, 1917. Ratified January 16, 1919. Repealed by amendment 21

AMENDMENT XXI (21)
Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

This was passed by Congress February 20, 1933. Ratified December 5, 1933.

Note: The first 10 amendments form the Bill of Rights and were ratified December 15, 1791.

The point of all this... There is really nothing in the Constitution that protects the manufacturing of drugs, and as you can see, they can add amendments to abolish the use of drugs, as they did with alcohol; although, it can also be later repealed.

If you'd like to legalize marijuana then you are going to have to take action and fight for the legalization, by forming a petition and getting it signed. I'm sure there's more to it than that... I don't know, I'm not political.

Answer 2

Because brown people like it too much.

Actually, I watched a serious of specials on this subject on the History Channel, drugs in general, not just pot. Really, it was because during westward expansion, the Mexicans were using it and the prejudice white-folk of ye olde Texas didn't like the Mexicans, so they criminalized marijuana so law enforcement had a reason to harass them.

Same type of thing with opium, but it was directed towards Asians.

Some people also say it was because hemp was affecting the profits of the growing timber industry, so they started spreading all the rumors about it, which spawned the whole gateway drug thing and pretty much every other myth about it that can be view in "Reefer Madness" (great flick, you should check it out, hilarious!)

Then there was prohibition...

And did you know that Mary Jane was outlawed before heroin? In fact, in 1906, heroin was viewed as a cure-all with no medical side affects what-so-ever. Craziness...

And to add to the Jayman rebuttle... Marijuana overdose results in the munchies. Seriously.

Answer 3

For anyone who is against legalization or de-criminalization or marijuana and say drugs are bad, and have ever had a sip of alcohol is a hypocrit.alcohol is a drug as it alters the mind, the same way as marijuana does. Marijuana is not a gateway drug, whoever came up with that or believes that is absolutely retarded, go take a hit of a joint and see if it makes you want to shoot up some heroin.....it wont, i have been smoking for over 3 years and have not once had the urge to try any other "hardcore" drug. How many deaths does tobacco cause a year?440,000, alcohol?40-50,000, weed?nobody, not a single person has ever died from directly smoking the plant, who the hell is the united states government to tell me i can not pick and smoke a plant that does nothing except cause hunger, humor, and glazed eyes, when there are companies making sticks of cancer with cigarettes and causing liver cancer with alcohol as well causing thousands of alchohol related car accidents every single year. clarify when you say drugs are bad, to saying cigarettes alcohol cocaine heroin etc. are bad. dont spit out nonsense you have been fed by stupid government commercials saying marijuana is bad and is addictive and a gateway drug and makes me not want to live, because just like the government, those ads are just plain ******* bullshit.....end of story

Answer 4

The Controlled Substances Act (CSA) (the law that made marijuana possesion illegal) was enacted into law by the Congress of the United States as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 USC 801 et sequitur). The CSA is the legal basis by which the manufacture, importation, possession, and distribution of certain drugs are regulated by the federal government of the United States. The Act also served as the national implementing legislation for the Single Convention on Narcotic Drugs.

The legislation created five Schedules (classifications), with varying qualifications for a drug to be included in each. Two federal departments, the Department of Justice and the Department of Health and Human Services (which includes the Food and Drug Administration) determine which drugs are added or removed from the various schedules, though the statute passed by Congress created the initial listing. Classification decisions are required to be made on the criteria of potential for abuse, accepted medical use in the United States, and potential for addiction.

The Department of Justice is also the executive agency in charge of federal law enforcement. State governments also regulate certain drugs not controlled at the federal level.

In short, it was made illegal by an act of congress and as such can only be made legal by a similar action. This doesn't mean I personally agree with it, but this was the reason the supreme Court upheld that CA (and other states) laws on the compassionate medical use of marijuana was a violation of the supremacy clause.

And BTW Jayman, no one ever in the ENTIRE history of the WORLD has ever died from a marijauna overdose, not even your "freind"... Don't believe the hype.

Answer 5

There doesn't have to be one. The Constitution doesn't mention marijuana specifically, and no court has ruled that any right guaranteed by the Constitution extends to being allowed to possess marijuana. The government is allowed to make laws about things that are not mentioned in the Constitution, speeding, theft, drugs, and murder are not Constitutional issues, they are legislative ones.

Answer 6

You're right. It's just too much of a cash flow from search and seizures for them to legalize it. I'm not a user myself, but I think it's ignorant to prohibit the use of any kind of plant or natural material. It's like banning the sale and possession of lettuce, it makes no sense.

Answer 7

Yeah what he (Citicop) said and for everyone's information: marijuana is not a gate way drug- the marijuana dealer is the gate way. He is the one who offers other more potent drugs to people. So if we eliminated the gateway and sold marijuana in legal stores fewer people would be offered other more potent drugs.

Answer 8

Not saying I support it but if it were legalized the goverment could tax the **** out of it.

Answer 9

nothing. dont do it. trust me. i had a friend who did it and died because of it.

Answer 10

IT IS BAD FOR YOU!!
Plus it's a gate-way drug which leads to people doing other drugs.
-(cocaine, meth, heroin, etc.)