Comment Re:America is fucked ... (Score 1) 455
The confusion clears once one realizes that the 18th amendment did not technically outlaw alcohol, but gave Congress the ability to regulate it. The Volstead Act was the enabling legislation that banned it.
We are lacking a constitutional amendment that gives Congress the right to ban medicinal or pharmaceutical substances. It is arguable that only states might (depending on their own constitutions) have the right to ban these within their own borders, while the federal government would have the right to ensure that such substances did not pass illegally from a permitting state into one that was not.