While I'm not a fan of burners or of anyone else who uses narcotics in a recreational manner, the federal government's behavior flies in the face of the Tenth Amendment: "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." This simple language means that anything the states may do, the federal government may not, and vice versa. There can be no overlap in state or federal power, which are mirror images of each other (completely opposite). The very fact that states can and do regulate marijuana means that the federal government cannot, absent a constitutional amendment.
Does anyone care about this? They used to, which is why they approved the 18th Amendment before allowing the federal government to attack alcohol. But not anymore, which is why the modern entity calling itself the federal government attacks all manner of substances without waiting for any amendments. I would wager that, if pushed, most people would oppose enforcing the Tenth Amendment because this would wipe out a tremendous number of federal programs that are near and dear to their
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