On Wednesday, potential hemp growers take on the DEA in court with oral arguments in… Bismark, North Dakota. It’s likely to be an interesting time — I wish I could be there.
Here’s what makes it interesting. From any logical perspective and any reasonable interpretation of the Constitution, it’s a no-brainer — the DEA doesn’t have a leg to stand on. However, given the pathetic tendency of our courts to bend over for the government whenever the drug war is mentioned, even peripherally (Raich, Caballes, et al), it seems perfectly likely that the DEA will win.
I’m waiting for some kind of signal from the courts that there are limitations to government power. And we certainly can’t seem to turn to Congress for help.
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