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Which law in the US Constitution makes illicit drugs illegal?

January 11, 2010 - 6:19 am 2 Comments

What drugs are illegal in the US? Is the same to be caught with drugs? Doing drugs or trafficking is the same? I have heard that some ill people are given permission by their doctors to smoke marijuana.

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2 Responses to “Which law in the US Constitution makes illicit drugs illegal?”

  1. divot Says:
    January 11th, 2010 at 6:25 am

    The U.S. Constitution is the document which states the basic structure of governance of the federal and state governments and certain rights of the people. Laws are enactments of the U.S. and various state legislatures which include criminal code sections prohibiting trafficking in controlled substances.

    Many states now permit the use of “medical marijuana” with a doctor’s prescription.

  2. Mutt Says:
    January 11th, 2010 at 7:04 am

    The Commerce Clause:

    “[The Congress shall have power] To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;” – Article I, Section 8, Clause 3

    As for the medical marijuana part of your question, the Supreme Court has ruled that federal law overrules state laws on this issue because of the Commerce Clause (Gonzales v. Raich). But, that case took place during the Bush administration. The Obama administration has said that they will not go after people that are using marijuana in accordance with their state laws.