Professional Custom Accounting papers: Does the federal government have the right to ban marijuana under the Commerce Clause of the U.S. Constitution?
Does the federal government have the right to ban marijuana under the Commerce Clause of the U.S. Constitution?
My understanding of the Commerce Clause is congress having the power to oversee the trade between the U.S and foreigner who wish to trade good with the U.S. So that the U.S can participate in internationals financial agreements and global banking. Most of all control of taxing import and exports on goods. With that No the federal government does not have the right to ban marijuana. Reason being just like all products that are produce in the U.S may it be man-made or agriculture for example fruits or cattle marijuana can be easily controlled and managed the same way. our country receives and exports countless products that I know is not all counted for that someone is making an extra buck and not being taxed for making that extra dollar. Most people may say that it is a gate way drug to more harmful drugs but that is just not the case anymore. Over time marijuana has grown to be more useful than just a drug to free your mind. Just like many products this can be monitored and regulated where our economy is not hurting which to my understanding is the main reason they have Commerce Clause so that states can regulate what comes in and out of their states. And for the government to just simply ban it just because of what they think might happen and not on facts that has happen is not right. So many people and children benefit from this plant and have to leave their home to places where they can get it without being seen as a criminal. Doctors know that it’s helpful and safer than other drugs but won’t dare recommended it because of the state that they practice in is illegal which leaves the patient with no choice but to take what is recommended. An example of a case is In Gonzales v. Raich, SCOTUS ruled that under the commerce clause, the federal government can criminalize the production and consumption of marijuana, even if such activities remained in state and complied with local laws. Raich was growing marijuana for medicinal purposes in accordance with California law, but these actions were still in violation of federal laws. After a DEA raid, Raich sued the government, claiming it had overstepped its constitutional power.
