Despite open drug use in 1960, it would be several decades before Americans would support the legalization of marijuana. The figure was 12% in 1969, rising to only 16% in 1973 and 28% by 1977. Rising from 31% in 2000 to 66% in 2018. Fred Capone is running for US Senate on the promise he will bring a legal challenge in the Supreme Court arguing that Federal laws banning Marijuana sales and transport are unconstitutional based on society change. Does societal change result in reinterpreting the Constitution bypassing legislative statutory change? Should the Court make social change or Legilators?