3 ms·
There is no legal marijuana trade in the US, You mean interstate trade, of course.
by kafkaesq 10y ago
There is no legal marijuana trade in the US,
You mean interstate trade, of course.
- CJKinni 10y agoTell that to Roscoe Filburn.
- pdabbadabba 10y agoOr Angel Raich! https://www.oyez.org/cases/2004/03-1454 https://www.oyez.org/cases/2004/03-1454 "The question presented in this case is whether the power vested in Congress by Article I, §8, of the Constitution '[t]o make all Laws which shall be necessary and proper for carrying into Execution' its authority to 'regulate Commerce with foreign Nations, and among the several States' includes the power to prohibit the local cultivation and use of marijuana in compliance with California law." (The answer is 'yes.')
- deleted 10y ago[deleted]
- Bjartr 10y agoI thought that since you can nearly always draw a connection between almost any economic activity and stove kind of effect on interstate commerce, the commerce clause isn't much of a restriction these days?
- DrScump 10y agoFDR's Supreme Court blew the Commerce Clause open such that the Feds can regulate purely intrastate commerce as well. https://en.wikipedia.org/wiki/Wickard_v._Filburn https://en.wikipedia.org/wiki/Wickard_v._Filburn
- yuubi 10y agoIt's worse than parent makes it sound: the conduct in that case was growing grain without permission, not for sale, but to feed to chickens on the same farm.
- Redoubts 10y agoYou don't even have to participate in commerce to participate in commerce. https://en.wikipedia.org/wiki/Gonzales_v._Raich https://en.wikipedia.org/wiki/Gonzales_v._Raich
- anonbanker 10y agoin Thomas' dissent in that case, he states that the decision means that the commerce clause invalidates the 10th amendment, which is huge.