Federal Commerce Power and State Marijuana Legalization

With regards to Article I, Section 8 power to "regulate commerce among the several states" in the constitution... The ability for the Federal Government to regulate Marijuana, similar to Wickard vs Filburn and Wheat, is because Marijuana could be transported across state lines for re-sale thus allowing the Federal government to regulate the growing of Marijuana.

However, in Nevada for example, an individual has already purchased the Marijuana, paid state tax on that Marijuana and has a state recognized legal receipt of that Marijuana.

The question is, does the Federal Government have a case against that individual? The individual has already purchased the goods for personal consumption: not resale. They aren't growing it or manufacturing it. It's the state itself that is in the act of growing/supporting the growing of marijuana and thus enabling the potential transportation of that good across state lines. So, shouldn't the Federal Government be going after the manufacturers: not the purchaser in this case?

Or, putting it another way, could the Federal government have taken the Wheat from me that I had already purchased from Filburn, in the same state, even after I've paid sales tax and have a legal receipt backed by the state?

Does Article I, Section 8 really give the power to the Federal government to regulate Marijuana consumption at the individual level? It seems like all rulings via Article I, Section 8 are with regards to the manufacturing of goods: not individual consumption.

Posted Jul 7, 2017, 6:20 AM UTC

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Zhenshanre•

Yes, the federal government can regulate individual consumption of marijuana under the Commerce Clause. The Supreme Court answered this exact question in Gonzales v. Raich.

7
quick_checkOP•

In that case, Raich and Monson were manufacturing.

Is there a case where the Commerce Clause was applied to an individual who was not manufacturing: an individual who wasn't part of the supply side of the market?

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Zhenshanre•

Raich was not involved in the supply side of the market:

Respondent Raich, by contrast, is unable to cultivate her own, and thus relies on two caregivers, litigating as “John Does,” to provide her with locally grown marijuana at no charge.

In addition, the question before the court was whether Congress could prevent an individual from "possessing, obtaining, or manufacturing" marijuana for personal use pursuant to the Commerce Clause,. The Court answered that it could.

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quick_checkOP•

Thank you very much for the answer.

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omg_pwnies•

No legal advice here (not a lawyer).

You might want to crosspost this to r/legaladviceofftopic/ as that sub is more oriented to theoretical/hypothetical questions.

Hope you can get the answers you need. :)

1