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? Why or why not?
Interstate commerce clause doesn’t allow states to regulate what comes in and out of their state. The interstate commerce clause allows the Congress to regulate the trades between states or a foreign country. The Federal Government has the power to ban marijuana under the commerce clause passed by Congress in the Article 1 and section 8 of the constitution, which has been interpreted by the Supreme Court that the feds may regulate nearly anything that has an effect on interstate commerce. The Founding Fathers choose carefully the words they inserted into the text of the constitution. Nowhere in the document does it say that the federal government is granted the power to regulate intrastate commerce so it should be left entirely up to the states with the power of regulating and control of marijuana.
