Georgia | Constitutional Law
Legal Question
Interstate Commerce
No problem, besides the Federal Government.
Is it true that the Federal government can prohibit activities, such as smoking marijuana, based on the Interstate Commerce Act; and, if so, how?
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Legal Answer
Re: Interstate Commerce
The federal government has jurisdiction over interstate transactions by virtue of the "Commerce Clause" of the US Constitution. Over the years what constitutes interstate commerce has been creatively interpreted to include many activities which on initial inspection would not seem to fit the definition. Although medical marijuana is legal in California and elsewhere, and is grown, processed and sold entirely within California's borders, the feds nonetheless take the position that it is their concern and it remains illegal under federal law. The Supreme Court recently stated that it is up to congress to legalize MJ if that is to be. In recent years under conservative leadership the federal government has become more and more intrusive into states rights, as witness the Oregon assisted-suicide law attacked in the courts by then attorney general Ashcroft.
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