Is Cannabis Prohibition Constitutional?

Dear The Question Authority,

Banning booze took a constitutional amendment in 1920. How is it that marijuana is illegal without such a constitutional change?

Thanks,

Maria Janowski



Dear Mary Jane,

Good question.

First off, the law is what judges say it is, so yes, marijuana prohibition has passed all legal processes, so I wouldn't light up a joint on 3rd Street and tell your arresting officer to go stuff it.

But let's not forget the Ninth Amendment to the US Constitution. It states,

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

So what does it mean?

It means, basically, that any rights which the people of this country had before the Constitution, are retained even if the Constitution is silent about them.

So what do we know about our rights before the US Constitution?

Well, the Declaration of Independence declares that we have rights to Life, Liberty and the Pursuit of Happiness. The Bible, that favorite legal text of right-wing crazies, states in Genesis that humans have dominion over all the plants and animals. And, regarding hemp specifically, we have George Washington's log entry regretting that he failed to kill his male hemp plants one year--essential only for growing smokable hemp, not industrial hemp for rope.

The Question Authority can thus state confidently that the Ninth Amendment SHOULD render all marijuana prohibition laws unconstitutional, because it tramples on a right the people brought into this union: the right to grow what we please and enjoy it.

But we'll have to wait for a few more hep-cat types to hit the Supreme Court before such laws will ever be struck down on Constitutional grounds.


The Question Authority