Filburn grew wheat for sale and in excess of the production controls, intending to profit from the wheat he sold while also maintaining his own supply. The con

Filburn grew wheat for sale and in excess of the production controls, intending to profit from the wheat he sold while also maintaining his own supply. The connection to interstate commerce was based on the totality of the wheat he grew, not just the excess portion of it that he claimed wasn't part of interstate commerce. And notably, despite all FUD to the contrary, subsistence farming of wheat for personal/non-commercial consumption was legal at the time. That's why they had there was a threshold in the first place; to protect non-commercial wheat farming.