How intuitive were our forefathers? Was the Constitution a living document? Or was it something that was set in stone, meant to be followed throughout the ages, regardless of how mankind evolved with technologies, pharmaceuticals, and guns? With so many judges on the Supreme Court claiming to be strict constitutionalists, one can’t help but wonder how we haven’t stumbled across the 10th amendment question, regarding marijuana prohibition. Eventually someone’s going to have to address the “Elephant in the room.” How is it? The current federal government feels that they have been empowered, under the Constitution to prohibit different states and their local municipalities from legalizing marijuana? As we now understand it, “Federal law” prohibits the possession of pot. Yet… if a simple federal law can ban marijuana – Why was it that alcohol Prohibition required a constitutional amendment?
The states remained suspicious that the new federal government would encroach on their powers. They demanded and got ten amendments to the Constitution that specifically banned Congress from passing laws on matters that were understood to be within state control. The Tenth Amendment flatly declared, “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.”[Source]
When one looks at the collective American history of cannabis, hemp and the “redheaded stepchild,” the marijuana plant; we see that it was legal to both “cultivate marijuana” and “possess” for consumptions under both federal law and state laws. As the seeds of marijuana medicine began to spread throughout the United States, by 1840 marijuana’s known pharmacological potential had begun to be recognized by many noted U.S. doctors. In the United States history… there was a brief moment of “shining clarity” from 1850 – 1941 when cannabis had a starring role within the United States Pharmacopeia of available medicines for the pains, aches, and other medicinal needs of the late 1900s.
However that was short-lived and came to a painful end thanks to William Randolph Hearst and his band of thugs. Hell bent on a “rape and pillage” the earth mentality. Hemp was out. Tobacco, cotton, and plastics were in. By the end of 1936 the party was all but over. The “fat lady” had sung… and the tune was a “Death March” of ignorance.
The hits were hard and fast. All 48 states enacted laws outlawing and prohibiting the plant that had saved this nation’s ass, from its birth and through both world wars. With the onset of new pharmacological discoveries, marijuana was for the first time – was relegated to the sleepy, dark shadows of prohibition and called a narcotic. While the focus turned to a new class of drug’s – Aspirin and Opiates; Opium was the new hero of the day… it’s newly derived high from morphine helped kick marijuana to the proverbial prohibition curb. No longer needed in this modern world for the management of human pain. No. There is no limit to the art of deception, the Fed’s and Big Pharma will stop at nothing, to jail your youth and pick your pockets of any loose change not already allocated to one of their corrupt corporate pals.