If we’re talking about what “should be constitutional,” we’re no longer talking about “the law” but instead policy or philosophy.
Regulating the “public health, welfare, and morals” is the prerogative of state legislatures. So the question is whether there is anything in the constitution that overrides that general power. Resort to “emanations from penumbras” is a concession that there isn’t.
By the way, this isn’t even some U.S.-centric take. The constitutional law in most western democracies leaves regulation of drugs to the discretion of the legislature.
Regulating the “public health, welfare, and morals” is the prerogative of state legislatures. So the question is whether there is anything in the constitution that overrides that general power. Resort to “emanations from penumbras” is a concession that there isn’t.
By the way, this isn’t even some U.S.-centric take. The constitutional law in most western democracies leaves regulation of drugs to the discretion of the legislature.