On the recordMay 29, 2014
Let me say that in this discussion you may have heard reference to the 10th Amendment and the Commerce Clause. Let me address that. I want to get that out of the way, because I have talked tremendously over the past few days and weeks about the dangers of marijuana. This controversy came before the U.S. Supreme Court in 2005 in Gonzales v. Raich. The Supreme Court reviewed the Federal Government's authority to enforce the Controlled Substances Act. In a 6-3 decision, Justice Scalia, a strong states' rights advocate, concurred with the majority ruling that the CSA does not violate the Commerce Clause or the principles of State sovereignty. Just to read what he said: Not only is it impossible to distinguish controlled substances manufactured and distributed intrastate from controlled substances manufactured and distributed interstate, but it hardly makes sense to speak in such terms. Drugs like marijuana are fungible commodities, as the Court explains marijuana that is grown at home and possessed for personal use is never more than an instant from the interstate market, and this is so whether or not the possession is for medicinal use or lawful use under the laws of a particular State. Again, if we want to make a statement principle on the Tenth Amendment, fine, but don't do it on the backs of our kids and our grandkids. This is dangerous for them. How do we know this? The health risks: brain development, schizophrenia, increased risk of stroke.…





