Re:Why Is It So Hard to Study Marijuana?
by amalcon on Sunday July 02, 2017 @12:59PM
(#14683271)
(I am not a lawyer, etc)
Gonzalez vs. Raich was not a ruling on the specific drug. It was a ruling on whether or not Congress (and, by extension, the executive) can apply the interstate commerce clause to the regulation of drugs, even if they don't cross state lines.
It's also a pretty straightforward consequence of Wickard v. Filburn, which is basically the same thing for wheat in the 1940s.
Gonzalez vs. Raich was not a ruling on the specific drug. It was a ruling on whether or not Congress (and, by extension, the executive) can apply the interstate commerce clause to the regulation of drugs, even if they don't cross state lines.
It's also a pretty straightforward consequence of Wickard v. Filburn, which is basically the same thing for wheat in the 1940s.