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By Timothy Lynch

Greater than 10 years in the past, federal officers boldly claimed that they'd create a drug-fee the United States through 1995.

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Section 1 of the Fourteenth Amendment, in particular, provides that no state shall abridge the privileges or immunities of citizens of the United States, deprive any person of life, liberty, or property without due process of law, or deny any person within its jurisdiction the equal protection of the laws. With that, 20 As John Locke argued, the police power derives from the “Executive Power” that each of us enjoys in the state of nature to secure his rights. When we constitute ourselves and institute government, we yield that power up to the government, in most cases, to exercise on our behalf.

25 Thus, the Court’s federalism jurisprudence is beginning to limit not simply the federal government, under the doctrine of enumerated powers, but states as well, under the federal oversight authority afforded by the Fourteenth Amendment. Now again, I doubt that the Court is ready or inclined to scrutinize state drug war efforts under the Fourteenth Amendment. Nevertheless, here too the principles are the same. In particular, the police power of the states is limited in a principled way. It is not a power to do anything in the name of securing rights.

App. , May 2000). 31 United States v. 3d 1109, 1114 (1999). See Marsha S. Cohen, “Policy Commentary: Breaking the Federal State Impasse over Medical Marijuana: A Proposal,” Hastings Women’s Law Journal 11 (Winter 2000): 59–74. html. 33 Conant v. D. D. Cal. 1997). ” 37 AFTER PROHIBITION prescribe medicinal marijuana to patients in conformity with state law and patients who use such marijuana will be prosecuted; (2) physicians who recommend and prescribe medicinal marijuana to patients in conformity with state law will be excluded from Medicare and Medicaid; and (3) physicians who recommend and prescribe medicinal marijuana to patients in conformity with state law will have their scheduled drug DEA registrations revoked.

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