Warbler said:
Although I don't smoke pot and would not want to be around people doing pot(I once walked by someone smoking pot and the smell almost made me throw up), since pot in not mentioned in the Constitution I would think the 10th amendment would apply.
The 10th Amendment always applies.
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.
The question is whether the power in question was delegated to the federal government or prohibited by the Constitution. The Supreme Court has said the federal government can outlaw pot as an exercise of its authority to regulate interstate commerce. I think that was a bad decision.
The real problem is not that the 10th Amendment doesn't apply but that it is pushed aside to make room for powers with no foundation in the Constitution.The more questionable to exercise of power the louder we (me, ferris, xhonzi, etc) yell about the 10th Amendment.
My roommate freshman fall semester smoked relentlessly. I wish I had stepped in to help him somehow. He didn't return the second semester.