|
The "War on Drugs" started out at the Federal level
with the
1914 Harrison Narcotic Tax Act
which made drugs like heroin and cocaine illegal.
A little over 20 years later the Federal government started it's war on marijuana with the 1937 Marihuana Tax Act which more or less made marijuana illegal. At the end of the 1960's, I think in 1968 or 1969 when Timothy Leary was arrested and put on trial both of those laws were declared unconstitutional. I believe in 1970, the 1970 Controlled Substances Act replaced both the 1914 Harrison Narcotic Tax Act and the 1937 Marihuana Tax Act. Many legal scholars will tell you that per the 10th Amendment the entire Federal "War on Drugs" is unconstitutional. The Tenth Amendment 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.And if you read the US Constitution there isn't one word in it that gives the Federal government the power to regulate liquor, beer, wine, alcohol, marijuana, heroin, cocaine or any other drug. When Uncle Sam made booze illegal he did it the Constitutionally correct way and passed the 18th Amendment. The 18th Amendment says: ... the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all the territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. ...As of yet, not corresponding Constitutional amendment has been passed giving the Feds the power to regulate drugs.
|