The Constitution does not give anyone the right to be armed while committing a felony, or even to have guns in the next room for emergency use should suppliers, customers, or the police threaten a dealer's stash.
From an opinion in the 7th Circuit Court of Appeals.
But if said drug felony is against a federal law, then that federal law is unconstitutional. Outlawing at the federal level mere possession would require a Constitutional Amendment like the Eighteenth Amendment.
ReplyDeleteI.e. I disagree with Gonzales v. Raich.