I see that smoking laws with regard to marijuana are becoming more lax. Which got me to thinking about what if things went the other way?
Lets say…totally theoretical…that whoever regulates tobacco in the fed govt (is it the ATF?, or the FDA, or USDA?), decides to ban vape pens. Maybe they do it because its a gateway drug, or whatever. So I can see that it would be legal that vape pens are no longer sold.
But, what if the govt agency ruled that no one could even possess a vape pen and that even though they were legally purchased before the ruling, everyone had to turn theirs in for confiscation and destruction.
Is that constitutional? I seem to remember the 5th and 14th amendment prevents taking of property “without due process” (whatever that means).
Anyway, I’m fuzzy on the concept, but it seems a bit creepy that an agency (not congress) would be able to say…“No (fill in the blank)…turn them in or we will arrest you” on a previously legal item.