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Re:House Committee Will Vote on Federal Marijuana Legalizati... by inglor_cz on Friday September 24, 2021 @05:08PM (#28647847)
One of the worst things about MJ ban was the legal explanation given in Gonzales vs Raich: growing MJ plants in your own home for your personal use does somehow influence interstate commerce and thus Congress can ban it under the Interstate Commerce Clause.

This explanation, endorsed by the SCOTUS, is so expansive that it is hard to imagine any activity that would still not be covered by the Interstate Commerce Clause.

https://en.wikipedia.org/wiki/Gonzales_v._Raich

This is a legal abomination.

Re:House Committee Will Vote on Federal Marijuana Legalizati... by cletus on Friday September 24, 2021 @05:16PM (#28647938)
Just to add some context to this, this expansive interpretation of the Commerce Clause really began with Wickard v. Filburn (1942) [1], more often just called Filburn.

The essence of this decision was Federal policy in the Great Depression was to control wheat production to stop overproduction and the below-cost prices that resulted. The court decided that a farmer growing wheat for his own use was still within the jurisdiction of the commerce clause as that production would result in that farmer not purchasing wheat. That wheat that wasn't purchased would in turn affect interstates wheat sales and thus fell under the Commerce Clause.

To me, this is a ridiculous example of judicial overreach as it basically covers everything and in an ideal world SCOTUS would overturn that precedent.

So the Gonzalez decision just continues that earlier interpretation and gives the Federal government sweeping powers for what reasonable people might otherwise agree are state issues.

Interestingly, I just looked up the Gonzalez decision [2] and I think I've found possibly the only Thomas opinion I've ever agreed with. He dissents:

> Respondents Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect on the national market for marijuana. If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything—and the Federal Government is no longer one of limited and enumerated powers.

Somewhat surprising (at least to me), Scalia concurred with the majority opinion although wrote separate reasoning for it.

[1]: https://en.wikipedia.org/wiki/Wickard_v._Filburn

[2]: https://en.wikipedia.org/wiki/Wickard_v._Filburn

Re:House Committee Will Vote on Federal Marijuana Legalizati... by dqpb on Friday September 24, 2021 @05:21PM (#28647999)
So therefore the argument is basically that it’s illegal to not buy marijuana, because that affects interstate commerce?
Re:House Committee Will Vote on Federal Marijuana Legalizati... by hirundo on Friday September 24, 2021 @05:42PM (#28648147)
This argument came up during the Affordable Care Act debate. The question was, if the feds can make you buy health insurance, could they also make you buy broccoli? There's this famous exchange from Justice Kagan's confirmation hearing:

  Senator Tom Coburn, Republican of Oklahoma, who is also a medical doctor, asked, “If I wanted to sponsor a bill and it said, ‘Americans, you have to eat three vegetables and three fruits every day,’ and I got it through Congress and it’s now the law of the land, got to do it, does that violate the commerce clause?”

  “Sounds like a dumb law,” Ms. Kagan replied.
She declined to presume that it would be unconstitutional. Justice Ginsburg had a similar interpretation.

https://scholarship.law.bu.edu/cgi/viewcontent.cgi?article=1...

They believe the constitutionality of enforcing such transactions depends on the details of its application, and is not facially unconstitutional. So if the legislature could be convinced that pot is health supporting, SCOTUS may well find it to be within their power to mandate.

Re:House Committee Will Vote on Federal Marijuana Legalizati... by bcrosby95 on Friday September 24, 2021 @06:07PM (#28648352)
The idea that the constitution doesn't allow the government to force me to say something, but might allow them to force me to put something into my body, is completely wild to me.
Re:House Committee Will Vote on Federal Marijuana Legalizati... by cletus on Friday September 24, 2021 @05:33PM (#28648083)
The argument is that by growing your own marijuana you affect Congress's ability to regulate the interstate commerce of marijuana, which is consistent with Filburn.

But where does that end? Can Congress prohibit you from earning an income because you might use that income to buy marijuana?

Re:House Committee Will Vote on Federal Marijuana Legalizati... by jandrese on Friday September 24, 2021 @05:16PM (#28647946)
You know the court messed up real bad when Justice Thomas is the voice of reason.

The majority opinion seems to come down to "drugs are bad, anything that stops them is good", which is not how the law is supposed to work.

Re:House Committee Will Vote on Federal Marijuana Legalizati... by vesinisa on Friday September 24, 2021 @05:23PM (#28648016)
This wiki-article specifically mentions that the legal doctrine which allows interstate commerce clause to apply here stems from this 1942 precedence, where someone's growing of wheat locally for only his own farm animals was considered participation in interstate commerce (!): https://en.wikipedia.org/wiki/Wickard_v._Filburn
Re:House Committee Will Vote on Federal Marijuana Legalizati... by michaelrpeskin on Friday September 24, 2021 @05:13PM (#28647903)
Not defending it, but it has legal precedent going back much farther. Still an abomination.

https://en.m.wikipedia.org/wiki/Wickard_v._Filburn

Re:House Committee Will Vote on Federal Marijuana Legalizati... by bcrosby95 on Friday September 24, 2021 @05:12PM (#28647888)
Is that any more egregious than https://en.wikipedia.org/wiki/Wickard_v._Filburn
Re:House Committee Will Vote on Federal Marijuana Legalizati... by inglor_cz on Friday September 24, 2021 @05:16PM (#28647949)
The thing is, there is no natural limit to this thinking.

By flossing regularly you almost certainly impact the interstate commerce in dentures (negatively). Fortunately, no one has come with the idea to limit legal flossing time to 20 seconds a day to protect the denture business. Yet. I hope the Congress does not feel inspired to do so right now.

Re:House Committee Will Vote on Federal Marijuana Legalizati... by snazz on Friday September 24, 2021 @05:13PM (#28647899)
Didn't Wickard v. Filburn set this precedent? Growing feed for animals on your own farm shouldn't affect interstate commerce significantly either, but it became the precedent.