Comment by dragonwriter
Comment by dragonwriter 16 hours ago
> The controlled substance act, as applied, is insanely unconstitutional. That's part of the reason why they needed to pass an amendment to ban liquor.
The Wartime Prohibition Act says you are wrong. The 18th Amendment was certainly necessary to both make the policy irrevocable without another amendment, and to give states independent power notwithstanding usual Constitutional limits on state power to enforce prohibition on top of federal power, it is much more dubious that it was necessary for federal prohibition.
The Wartime Prohibition Act was passed during the drawdown from World War I and the basis for upholding it was the wartime powers of Congress because of a scarcity of grain from the war.
The last Congressionally declared war was World War II, so if that was supposed to be the constitutional basis for the Controlled Substances Act, there would seem to be the obvious problems that the war was generations ago and nobody is diverting scanty wheat from the food markets to make MDMA.