submitted by America
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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."
I know of nowhere in the Constitution that grants any part of the Federal Government the power to set, or raise, the age at which someone can smoke.
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**."
I know of nowhere in the Constitution that grants *any* part of the Federal Government the power to set, or raise, the age at which someone can smoke.
This is true but the Federal government doesn't give a crud about state's rights until states demand that right and even then there can be a battle.
Take cannabis prohibition for example. Some states have demanded that they control the legality of cannabis, openly challenging the Federal government, who started out obstructive but has realized the futility of fighting. But still we see some obstruction with the banking laws preventing dispensaries from storing their money in banks or using credit cards. In this case either the Federal government bends or states will continue to legalize and eventually sue the Federal government for banking rights and other holdover items from prohibition.
My friend owned a dispensary and this was a huge issue. Paying the salaries and purchasing products meant he had a full time guard due to all the cash on hand. They have figured out how to use debit cards rounding up to the nearest $10 bucks, but it’s not perfect. They also have ATM’s in these businesses now, too. As of now, the industry is going through a situation where small guys are being bought out by the bigger guys leading to a rise in prices again. I’m not sure these larger shops want to start a fight with the FED right now because they like the current climate of business being difficult for their smaller competitors. If the market continues to allow for increases in pricing, the black market will pop back up in a heartbeat. Considering it is legal to grow a small amount on your personal property, a cap on the price of weed will be around $200 an ounce. The biggest jump in sales has come from concentrated oils that remove the leaf all together which is an expensive process. This leads me to believe there will not be any stirring of the pot with respect to the battle for states rights until the playing field becomes less profitable.