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> The problem is if you say the government can’t regulate MJ, then all drug regulations fall apart.

No, that's not what's being said. If you grow your own plant for personal use, there's no need for the federal government to be involved. If you grow that plant and then try to sell it, then there's some commerce which does fall under some regulation (we'll leave the interstate nuances aside). Having the fed being allowed to say you cannot grow in your house is one step away from saying you are only allowed to perform missionary position (no other positions are allowed) between the hours of 7-8pm, but not at all on Sunday.

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And before people say you are being hyperbolic, the government still regulates sex positions. Sodomy is illegal in 12 US states.
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Not the federal government, however.

There are specific prohibitions on certain categories of state laws, like granting titles of nobility, creating non-gold/silver currencies, etc. The federal government cannot constitutionally regulate sex positions, because anything not explicitly covered in the Constitution is reserved to the states, or the people. In that broad grant, however, the states individually can make or avoid making law on any topic.

As others have mentioned, the Supreme Court has frequently worked around the Constitution for reasons that made sense to them at the time, including the original ruling that this one overturns.

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>The federal government cannot constitutionally regulate sex positions, because anything not explicitly covered in the Constitution is reserved to the states, or the people.

That being said, there's probably not a constitutional way to enforce laws regulating sex positions. Even if you don't agree that such laws are clearly discriminatory in intent (let alone impact), the privacy violations necessary to prove guilt "Beyond a reasonable doubt" almost certainly violate the Fourth Amendment, and any theory of harm would implicitly (if not explicitly) rest on religion.

This is all assuming you don't accept Griswold as a reasonable constitutional argument that pretty obviously would extend to the kinds of sex people have.

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> That being said, there's probably not a constitutional way to enforce laws regulating sex positions.

Right, but until someone gets arrested for this, nobody has standing to challenge the constitutionality of the law itself. It is one of those unenforceable laws. Even biblical law required witnesses (never just one) before being able to prove adultery.

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See also Griswold v. Connecticut.
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Okay. So if you decide to visit a friends house does him sharing still count as personal use ?

In many communities you have a guy who cooks plates of food and sells them. While technically this is illegal with out a permit, it’s usually tolerated.

I’m all for the legalization of everything for adults, but it’s a very complex issue. Education is the way here, not punishment

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No one argues these things are not able to be regulated. Instead, per the 10th amendment, it must be left to state law since Congress does not have unlimited power and may only legislate where power has been granted to them by the constitution.
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I believe the original idea of the Constitution was that most things would be regulated at the state level.

This is pretty much already the case with marijuana, where it's illegal at the federal level, but in practice if it's legal in your state then it's legal.

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"Pretty much" is doing quite a bit of work there. The feds ignoring marijuana use in states that have legalized or decriminalized it is the DoJ actively deciding not to prosecute MJ cases. They could absolutely send the FBI or whatever into a state with legalized marijuana and raid dispensaries and arrest people if they wanted to.
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I'm convinced they don't do exactly that because they know it would ultimately result in the Supreme Court overturning Filburn.
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> I’d be concerned about Billy selling homemade GPLs or whatever.

Would it be better with a BSD license?

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Been samplin’ a little bit of Grandpa’s attribution clause, have we?
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