4 ms·
Yes, I'm familiar with Wickard v. Filburn. This established that a farmer growing wheat on his own property for use on his property was subject to federal regu
by mlyle 4y ago
Yes, I'm familiar with Wickard v. Filburn.
This established that a farmer growing wheat on his own property for use on his property was subject to federal regulation of commerce... not that his own state could not also regulate things about wheat sold in the state.
There are powers reserved exclusively to the federal government; there are powers reserved exclusively to the states. And there are things in-between, where we have laws from both. States choose all kinds of goods that are sold in interstate commerce to be legal or not legal.
The big question here is, the Fed gov't has a large regulatory and oversight operation for drugs. Does it completely preempt state action? For e.g. securities, we have both Federal SEC and state "blue sky" laws. For drugs, we've not really had a great test case to find out.