As the movement to legalize marijuana, both recreational and medical, grows nationally, a new stem has appeared in the fight to preserve what is now being called a constitutional rights issue. Article V of the Constitution was brought up by Dave C. Holland during his lecture on Cannabis Litigation Strategies. His claim directly refutes the current cases brought up in the defense of “Prohibition-style legislation” that exists at the moment.
Given the current state of the nation, with 30 states legalizing the drug in some fashion, there is only a step or two in the way of retracting the federal Controlled Substances Act of 1970. This includes, but is not restricted to the rescheduling of the drug from a Schedule I drug to something more lenient. In fact, the CSA has guidelines to execute such a power, however no Attorney General has ever sought to do so.
Interestingly enough, Holland claims that the scheduling of the drug and restrictions placed thereof are a matter of political question, and one that comes up with “quixotic results”. The battle is still and uphill one, although there may be a solution. By using decrees written in Article V and the 10th Amendment, the necessary support would be reduced to a mere 2/3rds of the States, putting the issue just a few states out of reach from the goal many are trying to reach.