I am uncertain if this is a rhetorical question expressing frustration with the system or if you are indeed questioning the right of a government to prosecute a crime. If you have a specific question about your particular case (e.g. the facts or the evidence involved) you should speak with your attorney or an appellate attorney and go over your concerns in detail.
Stew Crawford Jr., Esq.
Crawford Law Firm
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Congress has the authority to regulate drugs through its powers under the Commerce Clause, per the Supreme Court of the United States.