gonzales
attorney
general
et
al
raich
et
argued
november
decided
june
california
compassionate
use
act
authorizes
limited
marijuana
use
medicinal
purposes
respondents
raich
monson
california
residents
use
marijuana
serious
medical
conditions
federal
drug
enforcement
administration
dea
agents
seized
destroyed
six
monson
cannabis
plants
respondents
brought
action
seeking
injunctive
declaratory
relief
prohibiting
enforcement
federal
controlled
substances
act
csa
extent
prevents
possessing
obtaining
manufacturing
cannabis
personal
medical
use
respondents
claim
enforcing
csa
violate
commerce
clause
constitutional
provisions
district
denied
respondents
motion
preliminary
injunction
ninth
circuit
reversed
finding
demonstrated
strong
likelihood
success
claim
csa
unconstitutional
exercise
congress
commerce
clause
authority
applied
intrastate
noncommercial
cultivation
possession
cannabis
personal
medical
purposes
recommended
patient
physician
pursuant
valid
california
state
law
relied
heavily
lopez
morrison
hold
separate
class
purely
local
activities
beyond
reach
federal
power
held
congress
commerce
clause
authority
includes
power
prohibit
local
cultivation
use
marijuana
compliance
california
law
pp
purposes
consolidating
various
drug
laws
comprehensive
statute
providing
meaningful
regulation
legitimate
sources
drugs
prevent
diversion
illegal
channels
strengthening
law
enforcement
tools
international
interstate
drug
trafficking
congress
enacted
comprehensive
drug
abuse
prevention
control
act
title
ii
csa
effectuate
statutory
goals
congress
devised
closed
regulatory
system
making
unlawful
manufacture
distribute
dispense
possess
controlled
substance
except
authorized
csa
controlled
substances
classified
five
schedules
based
accepted
medical
uses
potential
abuse
psychological
physical
effects
body
marijuana
classified
schedule
substance
based
high
potential
abuse
accepted
medical
use
accepted
safety
use
medically
supervised
treatment
classification
renders
manufacture
distribution
possession
marijuana
criminal
offense
pp
congress
power
regulate
purely
local
activities
part
economic
class
activities
substantial
effect
interstate
commerce
firmly
established
see
perez
congress
decides
practice
poses
threat
national
market
may
regulate
entire
class
see
particular
relevance
wickard
filburn
rejecting
appellee
farmer
contention
congress
admitted
power
regulate
production
wheat
commerce
authorize
federal
regulation
wheat
production
intended
wholly
appellee
consumption
established
congress
regulate
purely
intrastate
activity
commercial
produced
sale
concludes
failure
regulate
class
activity
undercut
regulation
interstate
market
commodity
similarities
case
wickard
striking
cases
regulation
squarely
within
congress
commerce
power
production
commodity
meant
home
consumption
wheat
marijuana
substantial
effect
supply
demand
national
market
commodity
assessing
scope
congress
commerce
clause
authority
need
determine
whether
respondents
activities
taken
aggregate
substantially
affect
interstate
commerce
fact
whether
rational
basis
exists
concluding
lopez
given
enforcement
difficulties
attend
distinguishing
marijuana
cultivated
locally
marijuana
grown
elsewhere
concerns
diversion
illicit
channels
difficulty
concluding
congress
rational
basis
believing
failure
regulate
intrastate
manufacture
possession
marijuana
leave
gaping
hole
csa
pp
respondents
heavy
reliance
lopez
morrison
overlooks
larger
context
commerce
clause
jurisprudence
preserved
cases
also
reading
cases
far
broadly
statutory
challenges
issue
markedly
different
challenge
respondents
ask
excise
individual
applications
concededly
valid
comprehensive
statutory
scheme
contrast
lopez
morrison
parties
asserted
particular
statute
provision
fell
outside
congress
commerce
power
entirety
distinction
pivotal
often
reiterated
class
activities
regulated
class
within
reach
federal
power
courts
power
excise
trivial
individual
instances
class
perez
moreover
emphasized
laws
issue
lopez
morrison
nothing
commerce
sort
economic
enterprise
see
lopez
morrison
contrast
csa
regulates
quintessentially
economic
activities
production
distribution
consumption
commodities
established
lucrative
interstate
market
prohibiting
intrastate
possession
manufacture
article
commerce
rational
means
regulating
commerce
product
ninth
circuit
cast
doubt
csa
constitutionality
isolating
distinct
class
activities
held
beyond
reach
federal
power
intrastate
noncommercial
cultivation
possession
use
marijuana
personal
medical
purposes
advice
physician
accordance
state
law
however
congress
clearly
acted
rationally
determining
subdivided
class
activities
essential
part
larger
regulatory
scheme
case
comes
claim
locally
cultivated
product
used
domestically
rather
sold
open
market
subject
federal
regulation
given
csa
findings
undisputed
magnitude
commercial
market
marijuana
wickard
progeny
foreclose
claim
pp
vacated
remanded
stevens
delivered
opinion
kennedy
souter
ginsburg
breyer
joined
scalia
filed
opinion
concurring
judgment
filed
dissenting
opinion
rehnquist
thomas
joined
part
iii
thomas
filed
dissenting
opinion
alberto
gonzales
attorney
general
et
petitioners
angel
mcclary
raich
et
al
writ
certiorari
appeals
ninth
circuit
june
justice
stevens
delivered
opinion
california
one
least
nine
authorize
use
marijuana
medicinal
question
presented
case
whether
power
vested
congress
article
constitution
make
laws
shall
necessary
proper
carrying
execution
authority
regulate
commerce
foreign
nations
among
several
includes
power
prohibit
local
cultivation
use
marijuana
compliance
california
law
california
pioneer
regulation
marijuana
california
one
first
prohibit
sale
possession
end
century
california
became
first
state
authorize
limited
use
drug
medicinal
purposes
california
voters
passed
proposition
codified
compassionate
use
act
proposition
designed
ensure
seriously
ill
residents
state
access
marijuana
medical
purposes
encourage
federal
state
governments
take
steps
towards
ensuring
safe
affordable
distribution
drug
patients
act
creates
exemption
criminal
prosecution
well
patients
primary
caregivers
possess
cultivate
marijuana
medicinal
purposes
recommendation
approval
primary
caregiver
person
consistently
assumed
responsibility
housing
health
safety
respondents
angel
raich
diane
monson
california
residents
suffer
variety
serious
medical
conditions
sought
avail
medical
marijuana
pursuant
terms
compassionate
use
act
treated
licensed
family
practitioners
concluded
prescribing
host
conventional
medicines
treat
respondents
conditions
alleviate
associated
symptoms
marijuana
drug
available
provides
effective
treatment
women
using
marijuana
medication
several
years
pursuant
doctors
recommendation
rely
heavily
cannabis
function
daily
basis
indeed
raich
physician
believes
forgoing
cannabis
treatments
certainly
cause
raich
excruciating
pain
well
prove
fatal
respondent
monson
cultivates
marijuana
ingests
drug
variety
ways
including
smoking
using
vaporizer
respondent
raich
contrast
unable
cultivate
thus
relies
two
caregivers
litigating
john
provide
locally
grown
marijuana
charge
caregivers
also
process
cannabis
hashish
keif
raich
processes
marijuana
oils
balms
foods
consumption
august
county
deputy
sheriffs
agents
federal
drug
enforcement
administration
dea
came
monson
home
thorough
investigation
county
officials
concluded
use
marijuana
entirely
lawful
matter
california
law
nevertheless
standoff
federal
agents
seized
destroyed
six
cannabis
plants
respondents
thereafter
brought
action
attorney
general
head
dea
seeking
injunctive
declaratory
relief
prohibiting
enforcement
federal
controlled
substances
act
csa
stat
et
extent
prevents
possessing
obtaining
manufacturing
cannabis
personal
medical
use
complaint
supporting
affidavits
raich
monson
described
severity
afflictions
repeatedly
futile
attempts
obtain
relief
conventional
medications
opinions
doctors
concerning
need
use
marijuana
respondents
claimed
enforcing
csa
violate
commerce
clause
due
process
clause
fifth
amendment
ninth
tenth
amendments
constitution
doctrine
medical
necessity
district
denied
respondents
motion
preliminary
injunction
raich
ashcroft
supp
nd
cal
although
found
federal
enforcement
interests
wane
compared
harm
california
residents
suffer
denied
access
medically
necessary
marijuana
concluded
respondents
demonstrate
likelihood
success
merits
legal
claims
divided
panel
appeals
ninth
circuit
reversed
ordered
district
enter
preliminary
raich
ashcroft
found
respondents
demonstrated
strong
likelihood
success
claim
applied
csa
unconstitutional
exercise
congress
commerce
clause
authority
appeals
distinguished
prior
circuit
cases
upholding
csa
face
commerce
clause
challenges
focusing
deemed
separate
distinct
class
activities
issue
case
intrastate
noncommercial
cultivation
possession
cannabis
personal
medical
purposes
recommended
patient
physician
pursuant
valid
california
state
law
found
latter
class
activities
different
kind
drug
trafficking
interposing
physician
recommendation
raises
different
health
safety
concerns
limited
use
clearly
distinct
broader
illicit
drug
market
well
broader
commercial
market
medicinal
marijuana
insofar
medicinal
marijuana
issue
case
intended
enter
stream
commerce
ibid
majority
placed
heavy
reliance
decisions
lopez
morrison
interpreted
recent
circuit
precedent
hold
separate
class
purely
local
activities
beyond
reach
federal
power
contrast
dissenting
judge
concluded
csa
applied
respondents
clearly
valid
lopez
morrison
moreover
thought
simply
impossible
distinguish
relevant
conduct
surrounding
cultivation
use
marijuana
crop
issue
case
cultivation
use
wheat
crop
affected
interstate
commerce
wickard
filburn
beam
dissenting
citation
omitted
obvious
importance
case
prompted
grant
certiorari
case
made
difficult
respondents
strong
arguments
suffer
irreparable
harm
despite
congressional
finding
contrary
marijuana
valid
therapeutic
purposes
question
us
however
whether
wise
enforce
statute
circumstances
rather
whether
congress
power
regulate
interstate
markets
medicinal
substances
encompasses
portions
markets
supplied
drugs
produced
consumed
locally
law
controls
answer
csa
valid
exercise
federal
power
even
applied
troubling
facts
case
accordingly
vacate
judgment
appeals
ii
shortly
taking
office
president
nixon
declared
national
war
drugs
first
campaign
war
congress
set
enact
legislation
consolidate
various
drug
laws
books
comprehensive
statute
provide
meaningful
regulation
legitimate
sources
drugs
prevent
diversion
illegal
channels
strengthen
law
enforcement
tools
traffic
illicit
effort
culminated
passage
comprehensive
drug
abuse
prevention
control
act
stat
however
congress
first
attempt
regulate
national
market
drugs
rather
early
congress
enacted
federal
legislation
imposing
labeling
regulations
medications
prohibiting
manufacture
shipment
adulterated
misbranded
drug
traveling
interstate
aside
labeling
restrictions
domestic
drug
regulations
prior
generally
came
guise
revenue
laws
department
treasury
serving
federal
government
primary
example
primary
drug
control
law
repealed
passage
csa
harrison
narcotics
act
stat
repealed
harrison
act
sought
exert
control
possession
sale
narcotics
specifically
cocaine
opiates
requiring
producers
distributors
purchasers
register
federal
government
assessing
taxes
parties
registered
regulating
issuance
marijuana
significantly
regulated
federal
government
accounts
marijuana
addictive
qualities
physiological
effects
paired
dissatisfaction
enforcement
efforts
state
local
levels
prompted
congress
pass
marihuana
tax
act
pub
stat
repealed
like
harrison
act
marihuana
tax
act
outlaw
possession
sale
marijuana
outright
rather
imposed
registration
reporting
requirements
individuals
importing
producing
selling
dealing
marijuana
required
payment
annual
taxes
addition
transfer
taxes
whenever
drug
changed
moreover
doctors
wishing
prescribe
marijuana
medical
purposes
required
comply
rather
burdensome
administrative
noncompliance
exposed
traffickers
severe
federal
penalties
whereas
compliance
often
subject
prosecution
state
thus
marihuana
tax
act
declare
drug
illegal
per
se
onerous
administrative
requirements
prohibitively
expensive
taxes
risks
attendant
compliance
practically
curtailed
marijuana
trade
declaration
national
war
drugs
federal
drug
policy
underwent
significant
transformation
number
noteworthy
events
precipitated
policy
shift
first
leary
held
certain
provisions
marihuana
tax
act
narcotics
legislation
unconstitutional
second
end
term
president
johnson
fundamentally
reorganized
federal
drug
control
agencies
bureau
narcotics
housed
department
treasury
merged
bureau
drug
abuse
control
housed
department
health
education
welfare
hew
create
bureau
narcotics
dangerous
drugs
currently
housed
department
finally
prompted
perceived
need
consolidate
growing
number
piecemeal
drug
laws
enhance
federal
drug
enforcement
powers
congress
enacted
comprehensive
drug
abuse
prevention
control
title
ii
act
csa
repealed
earlier
antidrug
laws
favor
comprehensive
regime
combat
international
interstate
traffic
illicit
drugs
main
objectives
csa
conquer
drug
abuse
control
legitimate
illegitimate
traffic
controlled
congress
particularly
concerned
need
prevent
diversion
drugs
legitimate
illicit
effectuate
goals
congress
devised
closed
regulatory
system
making
unlawful
manufacture
distribute
dispense
possess
controlled
substance
except
manner
authorized
csa
csa
categorizes
controlled
substances
five
schedules
drugs
grouped
together
based
accepted
medical
uses
potential
abuse
psychological
physical
effects
body
schedule
associated
distinct
set
controls
regarding
manufacture
distribution
use
substances
listed
therein
csa
implementing
regulations
set
forth
strict
requirements
regarding
registration
labeling
packaging
production
quotas
drug
security
recordkeeping
ibid
cfr
et
seq
enacting
csa
congress
classified
marijuana
schedule
drug
preliminary
classification
based
part
recommendation
assistant
secretary
hew
marihuana
retained
within
schedule
least
completion
certain
studies
underway
schedule
drugs
categorized
high
potential
abuse
lack
accepted
medical
use
absence
accepted
safety
use
medically
supervised
treatment
three
factors
varying
gradations
also
used
categorize
drugs
four
schedules
example
schedule
ii
substances
also
high
potential
abuse
may
lead
severe
psychological
physical
dependence
unlike
schedule
drugs
currently
accepted
medical
use
classifying
marijuana
schedule
drug
opposed
listing
lesser
schedule
manufacture
distribution
possession
marijuana
became
criminal
offense
sole
exception
use
drug
part
food
drug
administration
research
study
see
also
oakland
cannabis
buyers
cooperative
csa
provides
periodic
updating
schedules
delegates
authority
attorney
general
consultation
secretary
health
human
services
add
remove
transfer
substances
schedules
despite
considerable
efforts
reschedule
marijuana
remains
schedule
iii
respondents
case
dispute
passage
csa
part
comprehensive
drug
abuse
prevention
control
act
well
within
congress
commerce
power
brief
respondents
contend
provision
section
csa
amounts
unconstitutional
exercise
congressional
authority
rather
respondents
challenge
actually
quite
limited
argue
csa
categorical
prohibition
manufacture
possession
marijuana
applied
intrastate
manufacture
possession
marijuana
medical
purposes
pursuant
california
law
exceeds
congress
authority
commerce
clause
assessing
validity
congressional
regulation
none
commerce
clause
cases
viewed
isolation
charted
considerable
detail
lopez
understanding
reach
commerce
clause
well
congress
assertion
authority
thereunder
evolved
commerce
clause
emerged
framers
response
central
problem
giving
rise
constitution
absence
federal
commerce
power
articles
first
century
history
primary
use
clause
preclude
kind
discriminatory
state
legislation
response
rapid
industrial
development
increasingly
interdependent
national
economy
congress
ushered
new
era
federal
regulation
commerce
power
beginning
enactment
interstate
commerce
act
stat
sherman
antitrust
act
stat
amended
et
cases
decided
new
era
spans
century
identified
three
general
categories
regulation
congress
authorized
engage
commerce
power
first
congress
regulate
channels
interstate
commerce
perez
second
congress
authority
regulate
protect
instrumentalities
interstate
commerce
persons
things
interstate
commerce
ibid
third
congress
power
regulate
activities
substantially
affect
interstate
commerce
ibid
nlrb
jones
laughlin
steel
third
category
implicated
case
hand
case
law
firmly
establishes
congress
power
regulate
purely
local
activities
part
economic
class
activities
substantial
effect
interstate
commerce
see
perez
stated
wickard
even
appellee
activity
local
though
may
regarded
commerce
may
still
whatever
nature
reached
congress
exerts
substantial
economic
effect
interstate
commerce
never
required
congress
legislate
scientific
exactitude
congress
decides
practice
poses
threat
national
market
may
regulate
entire
class
see
perez
hen
necessary
order
prevent
evil
make
law
embrace
precise
thing
prevented
may
vein
reiterated
general
regulatory
statute
bears
substantial
relation
commerce
de
minimis
character
individual
instances
arising
statute
consequence
lopez
decision
wickard
particular
relevance
wickard
upheld
application
regulations
promulgated
agricultural
adjustment
act
stat
designed
control
volume
wheat
moving
interstate
foreign
commerce
order
avoid
surpluses
consequent
abnormally
low
prices
regulations
established
allotment
acres
filburn
wheat
crop
sowed
acres
intending
use
excess
consuming
farm
filburn
argued
even
though
sustained
congress
power
regulate
production
goods
commerce
power
authorize
federal
regulation
production
intended
part
commerce
wholly
consumption
farm
wickard
justice
jackson
opinion
unanimous
rejected
submission
wrote
effect
statute
us
restrict
amount
may
produced
market
extent
well
one
may
forestall
resort
market
producing
meet
needs
appellee
contribution
demand
wheat
may
trivial
enough
remove
scope
federal
regulation
contribution
taken
together
many
others
similarly
situated
far
trivial
wickard
thus
establishes
congress
regulate
purely
intrastate
activity
commercial
produced
sale
concludes
failure
regulate
class
activity
undercut
regulation
interstate
market
commodity
similarities
case
wickard
striking
like
farmer
wickard
respondents
cultivating
home
consumption
fungible
commodity
established
albeit
illegal
interstate
agricultural
adjustment
act
designed
control
volume
wheat
moving
interstate
foreign
commerce
order
avoid
surpluses
consequently
control
market
price
primary
purpose
csa
control
supply
demand
controlled
substances
lawful
unlawful
drug
markets
see
nn
supra
wickard
difficulty
concluding
congress
rational
basis
believing
viewed
aggregate
leaving
wheat
outside
regulatory
scheme
substantial
influence
price
market
conditions
congress
rational
basis
concluding
leaving
marijuana
outside
federal
control
similarly
affect
price
market
conditions
concretely
one
concern
prompting
inclusion
wheat
grown
home
consumption
act
rising
market
prices
draw
wheat
interstate
market
resulting
lower
market
prices
wickard
parallel
concern
making
appropriate
include
marijuana
grown
home
consumption
csa
likelihood
high
demand
interstate
market
draw
marijuana
market
diversion
homegrown
wheat
tended
frustrate
federal
interest
stabilizing
prices
regulating
volume
commercial
transactions
interstate
market
diversion
homegrown
marijuana
tends
frustrate
federal
interest
eliminating
commercial
transactions
interstate
market
entirety
cases
regulation
squarely
within
congress
commerce
power
production
commodity
meant
home
consumption
wheat
marijuana
substantial
effect
supply
demand
national
market
nonetheless
respondents
suggest
wickard
differs
case
three
respects
agricultural
adjustment
act
unlike
csa
exempted
small
farming
operations
wickard
involved
quintessential
economic
activity
commercial
farm
whereas
respondents
sell
marijuana
wickard
record
made
clear
aggregate
production
wheat
use
farms
significant
impact
market
prices
differences
though
factually
accurate
diminish
precedential
force
reasoning
fact
wickard
impact
market
trivial
sufficient
reason
removing
scope
federal
regulation
secretary
agriculture
elected
exempt
even
smaller
farms
regulation
speak
power
regulate
whose
aggregated
production
significant
fact
play
role
analysis
moreover
even
though
wickard
indeed
commercial
farmer
activity
engaged
cultivation
wheat
home
consumption
treated
part
commercial
farming
true
record
wickard
case
established
causal
connection
production
local
use
national
market
us
findings
congress
effect
findings
introductory
sections
csa
explain
congress
deemed
appropriate
encompass
local
activities
within
scope
csa
see
supra
submissions
parties
numerous
amici
seem
agree
national
international
market
marijuana
dimensions
fully
comparable
defining
class
activities
regulated
secretary
pursuant
respondents
nonetheless
insist
csa
constitutionally
applied
activities
congress
make
specific
finding
intrastate
cultivation
possession
marijuana
medical
purposes
based
recommendation
physician
substantially
affect
larger
interstate
marijuana
market
may
never
required
congress
make
particularized
findings
order
legislate
see
lopez
plurality
opinion
congressional
findings
certainly
helpful
reviewing
substance
congressional
statutory
scheme
particularly
connection
commerce
consider
congressional
findings
analysis
available
absence
particularized
findings
call
question
congress
authority
assessing
scope
congress
authority
commerce
clause
stress
task
us
modest
one
need
determine
whether
respondents
activities
taken
aggregate
substantially
affect
interstate
commerce
fact
whether
rational
basis
exists
concluding
lopez
perez
heart
atlanta
motel
given
enforcement
difficulties
attend
distinguishing
marijuana
cultivated
locally
marijuana
grown
elsewhere
concerns
diversion
illicit
difficulty
concluding
congress
rational
basis
believing
failure
regulate
intrastate
manufacture
possession
marijuana
leave
gaping
hole
csa
thus
wickard
enacted
comprehensive
legislation
regulate
interstate
market
fungible
commodity
congress
acting
well
within
authority
make
laws
shall
necessary
proper
regulate
commerce
among
several
art
regulation
ensnares
purely
intrastate
activity
moment
done
many
times
refuse
excise
individual
components
larger
scheme
iv
support
contrary
submission
respondents
rely
heavily
two
recent
commerce
clause
cases
myopic
focus
overlook
larger
context
commerce
clause
jurisprudence
preserved
cases
moreover
even
narrow
prism
respondents
creation
read
cases
far
broadly
two
cases
course
lopez
morrison
initial
matter
statutory
challenges
issue
cases
markedly
different
challenge
respondents
pursue
case
hand
respondents
ask
us
excise
individual
applications
concededly
valid
statutory
scheme
contrast
lopez
morrison
parties
asserted
particular
statute
provision
fell
outside
congress
commerce
power
entirety
distinction
pivotal
often
reiterated
class
activities
regulated
class
within
reach
federal
power
courts
power
excise
trivial
individual
instances
class
perez
emphasis
deleted
quoting
wirtz
see
also
hodel
issue
lopez
validity
school
zones
act
brief
statute
making
crime
individual
possess
gun
school
zone
stat
act
regulate
economic
activity
contain
requirement
possession
gun
connection
past
interstate
activity
predictable
impact
future
commercial
activity
distinguishing
earlier
cases
holding
comprehensive
regulatory
statutes
may
validly
applied
local
conduct
viewed
isolation
significant
impact
interstate
commerce
held
statute
invalid
explained
section
criminal
statute
terms
nothing
sort
economic
enterprise
however
broadly
one
might
define
terms
section
essential
part
larger
regulation
economic
activity
regulatory
scheme
undercut
unless
intrastate
activity
regulated
therefore
sustained
cases
upholding
regulations
activities
arise
connected
commercial
transaction
viewed
aggregate
substantially
affects
interstate
commerce
statutory
scheme
government
defending
litigation
opposite
end
regulatory
spectrum
explained
csa
enacted
part
comprehensive
drug
abuse
prevention
control
act
stat
lengthy
detailed
statute
creating
comprehensive
framework
regulating
production
distribution
possession
five
classes
controlled
substances
substances
listed
schedules
ii
useful
legitimate
medical
purpose
necessary
maintain
health
general
welfare
american
people
regulatory
scheme
designed
foster
beneficial
use
medications
prevent
misuse
prohibit
entirely
possession
use
substances
listed
schedule
except
part
strictly
controlled
research
project
statute
provided
periodic
updating
five
schedules
congress
made
initial
classifications
identified
opiates
opium
derivatives
hallucinogenic
substances
schedule
drugs
stat
marijuana
listed
item
third
subcategory
classification
unlike
discrete
prohibition
established
school
zones
act
merely
one
many
essential
part
larger
regulation
economic
activity
regulatory
scheme
undercut
unless
intrastate
activity
regulated
lopez
opinion
lopez
casts
doubt
validity
program
holding
morrison
violence
women
act
stat
created
federal
civil
remedy
victims
crimes
violence
remedy
enforceable
state
federal
courts
generally
depended
proof
violation
state
law
despite
congressional
findings
crimes
adverse
impact
interstate
commerce
held
statute
unconstitutional
like
statute
lopez
regulate
economic
activity
concluded
noneconomic
criminal
nature
conduct
issue
central
decision
lopez
prior
cases
identified
clear
pattern
analysis
economic
activity
substantially
affects
interstate
commerce
legislation
regulating
activity
sustained
morrison
unlike
issue
lopez
morrison
activities
regulated
csa
quintessentially
economic
economics
refers
production
distribution
consumption
commodities
webster
third
new
international
dictionary
csa
statute
regulates
production
distribution
consumption
commodities
established
lucrative
interstate
market
prohibiting
intrastate
possession
manufacture
article
commerce
rational
commonly
utilized
means
regulating
commerce
prohibitions
include
specific
decisions
requiring
drug
withdrawn
market
result
failure
comply
regulatory
requirements
well
decisions
excluding
schedule
drugs
entirely
market
csa
statute
directly
regulates
economic
commercial
activity
opinion
morrison
casts
doubt
constitutionality
appeals
able
conclude
otherwise
isolating
separate
distinct
class
activities
held
beyond
reach
federal
power
defined
intrastate
noncommercial
cultivation
possession
use
marijuana
personal
medical
purposes
advice
physician
accordance
state
law
characterized
class
different
kind
drug
trafficking
differences
members
class
defined
principal
traffickers
schedule
substances
might
sufficient
justify
policy
decision
exempting
narrower
class
coverage
csa
question
however
whether
congress
contrary
policy
judgment
decision
include
narrower
class
activities
within
larger
regulatory
scheme
constitutionally
deficient
difficulty
concluding
congress
acted
rationally
determining
none
characteristics
making
purported
class
whether
viewed
individually
aggregate
compelled
exemption
csa
rather
subdivided
class
activities
defined
appeals
essential
part
larger
regulatory
scheme
first
fact
marijuana
used
personal
medical
purposes
advice
physician
serve
distinguishing
factor
csa
designates
marijuana
contraband
purpose
fact
characterizing
marijuana
schedule
drug
congress
expressly
found
drug
acceptable
medical
uses
moreover
csa
comprehensive
regulatory
regime
specifically
designed
regulate
controlled
substances
utilized
medicinal
purposes
manner
indeed
substances
classified
csa
useful
legitimate
medical
purpose
thus
even
respondents
correct
marijuana
accepted
medical
uses
thus
redesignated
lesser
schedule
csa
still
impose
controls
beyond
required
california
law
csa
requires
manufacturers
physicians
pharmacies
handlers
controlled
substances
comply
statutory
regulatory
provisions
mandating
registration
dea
compliance
specific
production
quotas
security
controls
guard
diversion
recordkeeping
reporting
obligations
prescription
requirements
see
cfr
et
seq
furthermore
dispensing
new
drugs
even
doctors
approve
use
must
await
federal
approval
rutherford
accordingly
mere
fact
marijuana
like
virtually
every
controlled
substance
regulated
csa
used
medicinal
purposes
possibly
serve
distinguish
core
activities
regulated
csa
serve
objective
marke
objective
facto
arbitrarily
narrow
relevant
class
dissenters
suggest
post
dissenting
post
thomas
dissenting
fundamentally
principal
dissent
contends
personal
cultivation
possession
use
marijuana
medicinal
purposes
beyond
limits
congress
commerce
clause
authority
post
dissenting
must
also
true
personal
use
marijuana
homegrown
drug
recreational
purposes
also
beyond
limits
whether
state
elects
authorize
even
regulate
use
justice
thomas
separate
dissent
suffers
sweeping
implications
dissenters
rationale
logically
extends
place
federal
regulation
including
quality
prescription
quantity
controls
locally
cultivated
possessed
controlled
substance
purpose
beyond
congress
commerce
clause
authority
one
need
degree
economics
understand
nationwide
exemption
vast
quantity
marijuana
drugs
locally
cultivated
personal
use
presumably
include
use
friends
neighbors
family
members
may
substantial
impact
interstate
market
extraordinarily
popular
substance
congressional
judgment
exemption
significant
segment
total
market
undermine
orderly
enforcement
entire
regulatory
scheme
entitled
strong
presumption
validity
indeed
judgment
rational
visible
naked
eye
lopez
commonsense
appraisal
probable
consequences
exemption
second
limiting
activity
marijuana
possession
cultivation
accordance
state
law
serve
place
respondents
activities
beyond
congressional
reach
supremacy
clause
unambiguously
provides
conflict
federal
state
law
federal
law
shall
prevail
beyond
peradventure
federal
power
commerce
provide
welfare
necessities
inhabitants
however
legitimate
dire
necessities
may
wirtz
see
also
wickard
power
neither
enlarged
diminished
exercise
state
power
respondents
acknowledge
proposition
nonetheless
contend
activities
essential
part
larger
regulatory
scheme
isolated
state
california
policed
state
california
thus
remain
entirely
separated
market
tr
oral
arg
dissenters
fall
prey
similar
reasoning
see
supra
page
notion
california
law
surgically
excised
discrete
activity
hermetically
sealed
larger
interstate
marijuana
market
dubious
proposition
importantly
one
congress
rationally
rejected
indeed
california
exemptions
significant
impact
supply
demand
sides
market
marijuana
plausible
principal
dissent
concedes
post
dissenting
readily
apparent
exemption
physicians
provides
economic
incentive
grant
patients
permission
use
drug
contrast
prescriptions
legal
drugs
limit
dosage
duration
usage
california
law
doctor
permission
recommend
marijuana
use
authority
grant
permission
whenever
doctor
determines
patient
afflicted
illness
marijuana
provides
relief
cal
health
safety
code
ann
west
supp
broad
enough
allow
even
scrupulous
doctor
conclude
recreational
uses
cases
taught
us
unscrupulous
physicians
overprescribe
sufficiently
profitable
exemption
cultivation
patients
caregivers
increase
supply
marijuana
california
likelihood
production
promptly
terminate
patients
recover
precisely
match
patients
medical
needs
convalescence
seems
remote
whereas
danger
excesses
satisfy
admittedly
enormous
demand
recreational
use
seems
moreover
national
international
narcotics
trade
thrived
face
vigorous
criminal
enforcement
efforts
suggests
small
number
unscrupulous
people
make
use
california
exemptions
serve
commercial
ends
whenever
feasible
taking
account
fact
california
one
least
nine
authorized
medical
use
marijuana
fact
justice
dissent
conveniently
disregards
arguing
demonstrated
effect
commerce
admittedly
plausible
ultimately
unsubstantiated
post
congress
rationally
concluded
aggregate
impact
national
market
transactions
exempted
federal
supervision
unquestionably
substantial
separate
distinct
class
activities
identified
appeals
adopted
dissenters
left
intrastate
noncommercial
cultivation
possession
use
marijuana
thus
case
exemption
comes
claim
locally
cultivated
product
used
domestically
rather
sold
open
market
subject
federal
regulation
given
findings
csa
undisputed
magnitude
commercial
market
marijuana
decisions
wickard
filburn
later
cases
endorsing
reasoning
foreclose
claim
respondents
also
raise
substantive
due
process
claim
seek
avail
medical
necessity
defense
theories
relief
set
forth
complaint
reached
appeals
therefore
address
question
whether
judicial
relief
available
respondents
alternative
bases
note
however
presence
another
avenue
relief
solicitor
general
confirmed
oral
argument
statute
authorizes
procedures
reclassification
schedule
drugs
perhaps
even
important
legal
avenues
democratic
process
voices
voters
allied
respondents
may
one
day
heard
halls
congress
present
state
law
however
judgment
appeals
must
vacated
case
remanded
proceedings
consistent
opinion
ordered
alberto
gonzales
attorney
general
et
petitioners
angel
mcclary
raich
et
al
writ
certiorari
appeals
ninth
circuit
june
justice
scalia
concurring
judgment
agree
holding
controlled
substances
act
csa
may
validly
applied
respondents
cultivation
distribution
possession
marijuana
personal
medicinal
use
write
separately
understanding
doctrinal
foundation
holding
rests
inconsistent
least
nuanced
since
perez
cases
mechanically
recited
commerce
clause
permits
congressional
regulation
three
categories
channels
interstate
commerce
instrumentalities
interstate
commerce
persons
things
interstate
commerce
activities
substantially
affect
interstate
commerce
see
morrison
lopez
hodel
virginia
surface
mining
reclamation
first
two
categories
since
ingredients
interstate
commerce
see
gibbons
ogden
wheat
third
category
however
different
kind
recitation
without
explanation
misleading
incomplete
misleading
unlike
channels
instrumentalities
agents
interstate
commerce
activities
substantially
affect
interstate
commerce
part
interstate
commerce
thus
power
regulate
come
commerce
clause
alone
rather
acknowledged
since
least
coombs
pet
congress
regulatory
authority
intrastate
activities
part
interstate
commerce
including
activities
substantial
effect
interstate
commerce
derives
necessary
proper
clause
katzenbach
mcclung
wrightwood
dairy
shreveport
rate
cases
knight
harlan
dissenting
category
activities
substantially
affect
interstate
commerce
lopez
supra
incomplete
authority
enact
laws
necessary
proper
regulation
interstate
commerce
limited
laws
governing
intrastate
activities
substantially
affect
interstate
commerce
necessary
make
regulation
interstate
commerce
effective
congress
may
regulate
even
intrastate
activities
substantially
affect
interstate
commerce
cases
show
regulation
intrastate
activities
may
necessary
proper
regulation
interstate
commerce
two
general
circumstances
directly
commerce
power
permits
congress
devise
rules
governance
commerce
also
facilitate
interstate
commerce
eliminating
potential
obstructions
restrict
eliminating
potential
stimulants
see
nlrb
jones
laughlin
steel
repeatedly
sustained
congressional
legislation
ground
regulated
activities
substantial
effect
interstate
commerce
see
hodel
supra
surface
coal
mining
katzenbach
supra
discrimination
restaurants
heart
atlanta
motel
discrimination
hotels
mandeville
island
farms
american
crystal
sugar
intrastate
board
trade
chicago
olsen
activities
local
grain
exchange
stafford
wallace
intrastate
transactions
stockyard
lopez
morrison
recognized
expansive
scope
congress
authority
regard
pattern
clear
economic
activity
substantially
affects
interstate
commerce
legislation
regulating
activity
sustained
lopez
supra
morrison
supra
principle
without
limitation
lopez
morrison
conscious
potential
substantially
affects
test
distinction
national
local
lopez
supra
quoting
schechter
poultry
see
also
morrison
supra
rejected
argument
congress
may
regulate
noneconomic
activity
based
solely
effect
may
interstate
commerce
remote
chain
inferences
lopez
supra
morrison
supra
accept
arguments
reasoned
lopez
hard
pressed
posit
activity
individual
congress
without
power
regulate
lopez
supra
see
also
morrison
supra
thus
although
congress
authority
regulate
intrastate
activity
substantially
affects
interstate
commerce
broad
permit
pile
inference
upon
inference
lopez
supra
order
establish
noneconomic
activity
substantial
effect
interstate
commerce
implicitly
acknowledged
lopez
however
congress
authority
enact
laws
necessary
proper
regulation
interstate
commerce
limited
laws
directed
economic
activities
substantial
effect
interstate
commerce
though
conduct
lopez
economic
nevertheless
recognized
regulated
essential
part
larger
regulation
economic
activity
regulatory
scheme
undercut
unless
intrastate
activity
regulated
shreveport
rate
cases
put
wrightwood
dairy
congress
authority
enact
regulation
interstate
commerce
possesses
every
power
needed
make
regulation
effective
although
power
make
regulation
effective
commonly
overlaps
authority
regulate
economic
activities
substantially
affect
interstate
may
cases
confused
authority
two
distinct
regulation
intrastate
activity
may
essential
comprehensive
regulation
interstate
commerce
even
though
intrastate
activity
substantially
affect
interstate
commerce
moreover
passage
lopez
quoted
suggests
congress
may
regulate
even
noneconomic
local
activity
regulation
necessary
part
general
regulation
interstate
commerce
see
lopez
supra
relevant
question
simply
whether
means
chosen
reasonably
adapted
attainment
legitimate
end
commerce
power
see
darby
supra
darby
instance
explained
congress
adopted
policy
excluding
interstate
commerce
goods
produced
commerce
conform
specified
labor
standards
require
employers
engaged
production
goods
interstate
commerce
conform
wage
hour
standards
also
require
employers
keep
employment
records
order
demonstrate
compliance
regulatory
scheme
sustained
former
regulation
alternative
ground
activity
regulated
great
effect
interstate
commerce
affirmed
latter
sole
ground
requirement
records
even
intrastate
transaction
appropriate
means
legitimate
end
said
shreveport
rate
cases
necessary
proper
clause
give
congress
authority
regulate
internal
commerce
state
allow
congress
take
measures
necessary
appropriate
effective
regulation
interstate
market
although
intrastate
transactions
may
thereby
controlled
see
also
jones
laughlin
steel
logic
shreveport
rate
cases
limited
instrumentalities
commerce
ii
today
principal
dissent
objects
permitting
congress
regulate
activities
necessary
effective
interstate
regulation
reduces
lopez
morrison
little
drafting
guide
post
opinion
think
criticism
unjustified
unlike
power
regulate
activities
substantial
effect
interstate
commerce
power
enact
laws
enabling
effective
regulation
interstate
commerce
exercised
conjunction
congressional
regulation
interstate
market
extends
measures
necessary
make
interstate
regulation
effective
lopez
affirms
today
congress
may
regulate
noneconomic
intrastate
activities
failure
undercut
regulation
interstate
commerce
see
lopez
supra
ante
power
threatens
obliterate
line
truly
national
truly
local
lopez
supra
lopez
morrison
affirm
congress
may
regulate
certain
purely
local
activity
within
based
solely
attenuated
effect
activity
may
interstate
market
decisions
declare
noneconomic
intrastate
activities
categorically
beyond
reach
federal
government
neither
case
involved
power
congress
exert
control
intrastate
activities
connection
comprehensive
scheme
regulation
lopez
expressly
disclaimed
case
morrison
even
discuss
possibility
appeals
morrison
made
clear
see
brzonkala
virginia
polytechnic
en
banc
dismiss
distinction
superficial
formalistic
see
post
dissenting
misunderstand
nature
necessary
proper
clause
empowers
congress
enact
laws
effectuation
enumerated
powers
within
authority
enact
isolation
see
mcculloch
maryland
wheat
restraints
upon
necessary
proper
clause
authority
chief
justice
marshall
wrote
mcculloch
maryland
even
end
constitutional
legitimate
means
must
appropriate
plainly
adapted
end
moreover
may
otherwise
prohibited
must
consistent
letter
spirit
constitution
ibid
phrases
merely
hortatory
example
cases
printz
new
york
affirm
law
carrying
execution
commerce
hen
violates
constitutional
principle
state
sovereignty
printz
supra
see
also
new
york
supra
iii
application
principles
case
us
straightforward
csa
congress
undertaken
extinguish
interstate
market
schedule
controlled
substances
including
marijuana
commerce
clause
unquestionably
permits
power
regulate
interstate
commerce
extends
regulations
aid
foster
protect
commerce
embraces
prohibit
darby
lottery
case
effectuate
objective
congress
prohibited
almost
intrastate
activities
related
schedule
substances
economic
activities
manufacture
distribution
possession
intent
distribute
noneconomic
activities
simple
possession
see
simple
possession
noneconomic
activity
immaterial
whether
prohibited
necessary
part
larger
regulation
rather
congress
authority
enact
prohibitions
intrastate
activities
depends
upon
whether
appropriate
means
achieving
legitimate
end
eradicating
schedule
substances
interstate
commerce
measure
think
regulation
must
sustained
impossible
distinguish
controlled
substances
manufactured
distributed
intrastate
controlled
substances
manufactured
distributed
interstate
hardly
makes
sense
speak
terms
drugs
like
marijuana
fungible
commodities
explains
marijuana
grown
home
possessed
personal
use
never
instant
interstate
market
whether
possession
medicinal
use
lawful
use
laws
particular
see
ante
congress
need
accept
faith
state
law
effective
maintaining
strict
division
lawful
market
medical
marijuana
general
marijuana
market
see
impose
congress
necessity
resorting
means
control
another
government
may
furnish
withhold
render
course
precarious
result
measures
uncertain
create
dependence
governments
might
disappoint
important
designs
incompatible
language
constitution
mcculloch
supra
finally
neither
respondents
dissenters
suggest
violation
state
sovereignty
sort
render
regulation
inappropriate
except
argue
csa
regulates
area
typically
left
state
regulation
see
post
opinion
post
opinion
thomas
brief
respondents
enough
render
federal
regulation
inappropriate
means
repeatedly
recognized
authorized
commerce
power
congress
may
regulate
private
endeavors
even
regulation
may
express
determinations
contrary
result
commended
collective
wisdom
congress
national
league
cities
usery
see
cleveland
mcculloch
supra
bottom
respondents
argument
reduces
contention
federal
regulation
activities
permitted
california
compassionate
use
act
sufficiently
necessary
necessary
proper
congress
regulation
interstate
market
reasons
given
opinion
agree
thus
agree
however
class
regulated
activities
subdivided
congress
reasonably
conclude
objective
prohibiting
marijuana
interstate
market
undercut
activities
excepted
general
scheme
regulation
see
lopez
sufficient
authorize
application
csa
respondents
alberto
gonzales
attorney
general
et
petitioners
angel
mcclary
raich
et
al
writ
certiorari
appeals
ninth
circuit
june
justice
chief
justice
justice
thomas
join
part
iii
dissenting
enforce
outer
limits
congress
commerce
clause
authority
sake
protect
historic
spheres
state
sovereignty
excessive
federal
encroachment
thereby
maintain
distribution
power
fundamental
federalist
system
government
lopez
nlrb
jones
laughlin
steel
one
federalism
chief
virtues
course
promotes
innovation
allowing
possibility
single
courageous
state
may
citizens
choose
serve
laboratory
try
novel
social
economic
experiments
without
risk
rest
country
new
state
ice
liebmann
brandeis
dissenting
case
exemplifies
role
laboratories
core
police
powers
always
included
authority
define
criminal
law
protect
health
safety
welfare
citizens
brecht
abrahamson
whalen
roe
exercising
powers
california
ballot
initiative
legislative
codification
come
conclusion
difficult
sensitive
question
whether
marijuana
available
relieve
severe
pain
suffering
today
sanctions
application
federal
controlled
substances
act
extinguishes
experiment
without
proof
personal
cultivation
possession
use
marijuana
medicinal
purposes
economic
activity
first
place
substantial
effect
interstate
commerce
therefore
appropriate
subject
federal
regulation
announces
rule
gives
congress
perverse
incentive
legislate
broadly
pursuant
commerce
clause
nestling
questionable
assertions
authority
comprehensive
regulatory
schemes
rather
precision
rule
result
produces
case
irreconcilable
decisions
lopez
supra
morrison
accordingly
dissent
lopez
considered
constitutionality
school
zones
act
made
federal
offense
individual
knowingly
possess
firearm
place
individual
knows
reasonable
cause
believe
school
zone
explained
congress
commerce
authority
includes
power
regulate
activities
substantial
relation
interstate
commerce
activities
substantially
affect
interstate
commerce
dissenting
explaining
darby
wrightwood
dairy
wickard
filburn
based
expansion
commerce
power
necessary
proper
clause
reasoning
cases
underlies
every
recent
decision
concerning
reach
congress
activities
affecting
interstate
commerce
ante
scalia
concurring
judgment
held
lopez
school
zones
act
sustained
exercise
power
decision
whether
gun
possession
school
zones
substantially
affected
interstate
commerce
turned
four
considerations
lopez
supra
see
also
morrison
supra
first
observed
substantial
effects
cases
generally
upheld
federal
regulation
economic
activity
affected
interstate
commerce
criminal
statute
nothing
sort
economic
enterprise
lopez
regard
also
noted
ection
essential
part
larger
regulation
economic
activity
regulatory
scheme
undercut
unless
intrastate
activity
regulated
therefore
sustained
cases
upholding
regulations
activities
arise
connected
commercial
transaction
viewed
aggregate
substantially
affects
interstate
commerce
ibid
second
noted
statute
contained
express
jurisdictional
requirement
establishing
connection
interstate
commerce
ibid
third
found
telling
absence
legislative
findings
regulated
conduct
impact
interstate
commerce
explained
express
legislative
findings
neither
required
provided
dispositive
findings
enable
us
evaluate
legislative
judgment
activity
question
substantially
affect
interstate
commerce
even
though
substantial
effect
visible
naked
eye
finally
rejected
attenuated
government
argument
firearm
possession
school
zones
result
violent
crime
turn
adversely
affect
national
economy
constitution
said
tolerate
reasoning
convert
congressional
authority
commerce
clause
general
police
power
sort
retained
later
morrison
supra
relied
four
considerations
hold
violence
women
act
exceeded
congress
authority
commerce
clause
view
case
us
materially
indistinguishable
lopez
morrison
considerations
taken
account
ii
relevant
conduct
subject
commerce
clause
analysis
case
takes
cues
congress
applying
considerations
activity
regulated
controlled
substances
act
csa
general
decision
rests
two
facts
csa
congress
chose
enact
single
statute
providing
comprehensive
prohibition
production
distribution
possession
controlled
substances
congress
distinguish
various
forms
intrastate
noncommercial
cultivation
possession
use
marijuana
see
today
decision
suggests
federal
regulation
local
activity
immune
commerce
clause
challenge
congress
chose
act
ambitious
statute
rather
piecemeal
view
allowing
congress
set
terms
constitutional
debate
way
packaging
regulation
local
activity
broader
schemes
tantamount
removing
meaningful
limits
commerce
clause
principal
means
distinguishing
lopez
case
observe
school
zones
act
brief
statute
ante
see
also
ante
whereas
csa
lengthy
detailed
statute
creating
comprehensive
framework
regulating
production
distribution
possession
five
classes
substances
ibid
thus
according
possible
lopez
evaluate
isolation
constitutionality
criminalizing
local
activity
gun
possession
school
zones
whereas
local
activity
csa
targets
case
cultivation
possession
marijuana
personal
medicinal
use
separated
general
drug
control
scheme
part
today
decision
allows
congress
regulate
intrastate
activity
without
check
long
implication
legislative
design
regulating
intrastate
activity
essential
appears
equate
essential
necessary
interstate
regulatory
scheme
seizing
upon
language
lopez
statute
prohibiting
gun
possession
school
zones
essential
part
larger
regulation
economic
activity
regulatory
scheme
undercut
unless
intrastate
activity
regulated
appears
reason
placement
local
activity
comprehensive
scheme
confirms
essential
scheme
ante
right
lopez
stands
nothing
drafting
guide
congress
described
relevant
crime
transfer
possession
firearm
anywhere
nation
thus
including
commercial
noncommercial
activity
clearly
encompassing
activity
assuredly
substantial
effect
interstate
commerce
done
majority
hints
sustained
authority
regulate
possession
firearms
school
zones
furthermore
today
decision
suggests
readily
sustain
congressional
decision
attach
regulation
intrastate
activity
comprehensive
even
scheme
invites
increased
federal
regulation
local
activity
even
suggests
congress
enact
new
interstate
scheme
exclusively
sake
reaching
intrastate
activity
see
ante
ante
scalia
concurring
judgment
agree
decision
lopez
contemplated
evasive
overbroad
legislative
strategies
approval
today
arguments
made
dissent
see
morrison
breyer
dissenting
given
congress
regulate
essential
part
larger
regulation
economic
activity
congress
save
present
law
including
much
broader
transport
safety
act
lopez
morrison
indicate
constitutionality
federal
regulation
depends
superficial
formalistic
distinctions
likewise
understand
discussion
role
courts
enforcing
outer
limits
commerce
clause
sake
maintaining
federalist
balance
constitution
requires
see
lopez
kennedy
concurring
signal
congress
enact
legislation
extensive
intrusive
domain
state
power
always
defers
congress
today
little
may
left
notion
enumerated
powers
hard
work
courts
identify
objective
markers
confining
analysis
commerce
clause
cases
respondents
challenge
constitutionality
csa
applied
similarly
situated
agree
must
look
beyond
respondents
activities
otherwise
individual
litigants
always
exempt
commerce
clause
regulation
merely
pointing
obvious
personal
activities
substantial
effect
interstate
commerce
see
maryland
wirtz
wickard
task
identify
mode
analysis
allows
congress
regulate
nothing
declining
reduce
case
litigants
less
everything
declining
let
congress
set
terms
analysis
analysis
may
every
case
depends
regulatory
scheme
issue
federalism
concerns
implicated
see
generally
lopez
kennedy
concurring
number
objective
markers
available
confine
scope
constitutional
review
federal
state
legislation
including
csa
california
compassionate
use
act
state
medical
marijuana
legislation
recognize
medical
nonmedical
recreational
uses
drugs
realistically
distinct
segregated
regulate
differently
see
cal
health
safety
code
ann
west
supp
ante
opinion
respondents
challenge
application
csa
medicinal
use
marijuana
cf
raines
describing
preference
rather
facial
challenges
moreover
fundamental
structural
concerns
dual
sovereignty
animate
commerce
clause
cases
relevant
case
involves
interplay
federal
state
regulation
areas
criminal
law
social
policy
lay
claim
right
history
expertise
lopez
supra
kennedy
concurring
see
also
morrison
supra
lopez
supra
kennedy
concurring
statute
us
upsets
federal
balance
degree
renders
unconstitutional
assertion
commerce
power
intervention
required
cf
garcia
dissenting
tate
autonomy
relevant
factor
assessing
means
congress
exercises
powers
commerce
clause
california
like
drawn
reserved
powers
distinguish
regulation
medicinal
marijuana
ascertain
whether
congress
encroachment
constitutionally
justified
case
focus
personal
cultivation
possession
use
marijuana
medicinal
purposes
thus
defined
relevant
conduct
must
determine
whether
precedents
conduct
economic
aggregate
substantially
affects
interstate
commerce
even
intrastate
cultivation
possession
marijuana
one
medicinal
use
properly
characterized
economic
question
whether
shown
activity
substantially
affects
interstate
commerce
similarly
neither
demonstrated
regulating
activity
necessary
interstate
drug
control
scheme
definition
economic
activity
breathtaking
defines
economic
activity
involving
production
distribution
consumption
commodities
appears
reason
interstate
market
commodity
exists
regulating
intrastate
manufacture
possession
commodity
constitutional
either
intrastate
activity
economic
regulating
rational
part
regulating
market
putting
one
side
problem
endemic
opinion
shift
focus
activity
issue
case
entirety
csa
regulates
see
lopez
supra
depending
level
generality
activity
looked
upon
commercial
definition
economic
activity
purposes
commerce
clause
jurisprudence
threatens
sweep
productive
human
activity
federal
regulatory
reach
uses
dictionary
definition
economics
skirt
real
problem
drawing
meaningful
line
national
local
jones
laughlin
steel
say
congress
may
regulate
noncommercial
activity
simply
may
effect
demand
commercial
goods
noncommercial
endeavor
sense
substitute
commercial
activity
commercial
goods
services
sort
privately
producible
analogue
home
care
substitutes
daycare
charades
games
substitute
movie
tickets
backyard
windowsill
gardening
substitutes
going
supermarket
draw
line
wherever
private
activity
affects
demand
market
goods
draw
line
declare
everything
economic
already
rejected
result
follow
federal
police
power
lopez
supra
lopez
morrison
suggested
economic
activity
usually
relates
directly
commercial
activity
see
morrison
intrastate
activities
within
congress
power
regulate
apparent
commercial
character
lopez
distinguishing
school
zones
act
activities
arise
connected
commercial
transaction
homegrown
cultivation
personal
possession
use
marijuana
medicinal
purposes
apparent
commercial
character
everyone
agrees
marijuana
issue
case
never
stream
commerce
neither
supplies
growing
marijuana
highly
unusual
among
substances
subject
csa
cultivated
without
materials
traveled
interstate
commerce
lopez
makes
clear
possession
commercial
activity
ibid
respondents
come
possession
means
commercial
transaction
simply
grown
homes
marijuana
use
without
acquiring
buying
selling
bartering
thing
value
cf
kennedy
concurring
statute
us
forecloses
experimenting
regulating
activity
beyond
realm
commerce
ordinary
usual
sense
term
suggests
wickard
identified
perhaps
far
reaching
example
commerce
clause
authority
intrastate
activity
lopez
supra
established
federal
regulatory
power
home
consumption
commodity
national
market
exists
disagree
wickard
involved
challenge
agricultural
adjustment
act
aaa
directed
secretary
agriculture
set
national
quotas
wheat
production
penalties
excess
production
aaa
confirmed
congress
made
explicit
choice
reach
thus
possibly
approved
federal
control
noncommercial
wheat
farming
contrast
csa
limitless
assertion
power
congress
provided
exemption
within
aaa
small
producers
filburn
planted
wheat
issue
wickard
statute
exempted
plantings
less
bushels
six
tons
harvested
wheat
exempted
plantings
less
six
acres
wickard
extend
commerce
clause
authority
something
modest
home
cook
herb
garden
say
congress
may
never
regulate
small
quantities
commodities
possessed
produced
personal
use
deny
sometimes
needs
enact
zero
tolerance
regime
commodities
merely
say
wickard
hold
imply
production
commodities
always
economic
automatically
within
congress
reach
even
assuming
economic
activity
issue
case
government
made
showing
fact
possession
use
homegrown
marijuana
medical
purposes
california
elsewhere
substantial
effect
interstate
commerce
similarly
government
shown
regulating
activity
necessary
interstate
regulatory
scheme
whatever
specific
theory
substantial
effects
issue
whether
activity
substantially
affects
interstate
commerce
whether
regulation
necessary
interstate
regulatory
scheme
concern
dual
sovereignty
requires
congress
excursion
traditional
domain
justified
characterizing
case
necessary
proper
clause
change
analysis
significantly
congress
must
exercise
authority
necessary
proper
clause
manner
consistent
basic
constitutional
principles
garcia
necessary
proper
clause
last
best
hope
defend
ultra
vires
congressional
action
indeed
enough
substantial
effects
cases
supply
conceivable
justifications
intrastate
regulation
related
interstate
market
surmised
lopez
guns
school
zones
never
instant
interstate
market
guns
already
subject
extensive
federal
regulation
ante
scalia
concurring
judgment
recast
lopez
necessary
proper
clause
case
thereby
upheld
school
zones
act
according
concurrence
logic
example
lopez
reasoned
prohibition
gun
possession
school
zones
appropriate
means
effectuating
related
prohibition
sell
ing
deliver
ing
firearms
ammunition
individual
licensee
knows
reasonable
cause
believe
less
eighteen
years
age
supp
ii
simply
evidence
homegrown
medicinal
marijuana
users
constitute
aggregate
sizable
enough
class
discernable
let
alone
substantial
impact
national
illicit
drug
market
otherwise
threaten
csa
regime
explicit
evidence
helpful
substantial
effect
visible
naked
eye
see
lopez
part
common
sense
suggests
medical
marijuana
users
may
limited
number
california
compassionate
use
act
similar
state
legislation
may
well
isolate
activities
relating
medicinal
marijuana
illicit
market
effect
activities
interstate
drug
traffic
substantial
regard
case
readily
distinguishable
wickard
decide
whether
secretary
regulate
local
wheat
farming
looked
actual
effects
activity
question
upon
interstate
commerce
critically
able
consider
actual
effects
parties
stipulated
summary
economics
wheat
industry
reviewing
detail
picture
industry
provided
summary
explained
consumption
homegrown
wheat
variable
factor
size
national
wheat
crop
consumption
effect
varying
amount
wheat
sent
market
much
percent
real
numbers
hand
wickard
easily
conclude
factor
volume
variability
wheat
substantial
influence
price
market
conditions
nationwide
see
also
record
leaves
us
doubt
substantial
effects
recognizes
record
wickard
case
established
causal
connection
production
local
use
national
market
argues
us
findings
congress
effect
ante
emphasis
added
refers
series
declarations
introduction
csa
saying
local
distribution
possession
controlled
substances
causes
swelling
interstate
traffic
local
production
distribution
distinguished
interstate
production
distribution
federal
control
intrastate
incidents
essential
effective
control
interstate
drug
trafficking
bare
declarations
compared
record
wickard
amount
nothing
legislative
insistence
regulation
controlled
substances
must
absolute
asserted
without
supporting
evidence
descriptive
statistical
otherwise
imply
congress
may
conclude
particular
activity
substantially
affects
interstate
commerce
necessarily
make
hodel
virginia
surface
mining
reclamation
rehnquist
concurring
judgment
indeed
declarations
like
suffice
justify
federal
regulation
today
right
passes
rationality
review
us
decision
morrison
come
way
case
congress
supplied
numerous
findings
regarding
impact
violence
national
economy
black
concurring
claims
today
decision
break
precedent
voluminous
findings
documenting
extensive
hearings
specific
topic
violence
women
pass
constitutional
muster
morrison
csa
abstract
unsubstantiated
generalized
findings
controlled
substances
particular
csa
introductory
declarations
vague
unspecific
demonstrate
federal
statutory
scheme
undermined
congress
exert
power
individuals
like
respondents
declarations
even
specific
marijuana
facts
substantial
effects
may
developed
litigation
compensate
inadequacy
congress
findings
part
case
comes
us
grant
preliminary
injunction
development
california
like
carved
limited
class
activity
distinct
regulation
inadequacy
csa
findings
especially
glaring
california
compassionate
use
act
exempts
state
drug
laws
patients
caregivers
posses
cultivat
marijuana
personal
medical
purposes
patient
upon
written
oral
recommendation
physician
treat
list
serious
medical
conditions
cal
health
safety
code
ann
west
supp
emphasis
added
compare
ibid
west
criminalizing
marijuana
possession
excess
grams
criminalizing
marijuana
cultivation
act
specifies
construed
supersede
legislation
prohibiting
persons
engaging
acts
dangerous
others
condone
diversion
marijuana
nonmedical
purposes
west
supp
promote
act
operation
facilitate
law
enforcement
california
recently
enacted
identification
card
system
qualified
patients
generally
assume
enforce
laws
see
riley
national
federation
blind
reason
think
otherwise
government
overcome
empirical
doubt
number
californians
engaged
personal
cultivation
possession
use
medical
marijuana
amount
marijuana
produce
enough
threaten
federal
regime
shown
compassionate
use
act
marijuana
users
realistically
likely
responsible
drug
seeping
market
significant
way
government
cite
one
estimate
compassionate
use
act
users
california
reply
brief
petitioners
explain
terms
proportions
presence
means
national
illicit
drug
market
see
generally
wirtz
congress
use
relatively
trivial
impact
commerce
excuse
broad
general
regulation
state
private
activities
cf
general
accounting
office
marijuana
early
experience
four
laws
allow
use
medical
purposes
http
visited
june
available
clerk
case
file
four
california
counties
identification
card
system
enacted
voluntarily
registered
medical
marijuana
patients
less
percent
population
alaska
hawaii
oregon
statewide
medical
marijuana
registrants
represented
less
percent
populations
also
provides
anecdotal
evidence
csa
enforcement
see
reply
brief
petitioners
also
offers
arguments
effect
compassionate
use
act
national
market
says
california
statute
might
vulnerable
exploitation
unscrupulous
physicians
compassionate
use
act
patients
may
overproduce
history
narcotics
trade
shows
difficulty
cordoning
drug
use
rest
market
arguments
plausible
borne
fact
justify
prosecuting
compassionate
use
act
patients
federal
csa
without
substantiation
add
little
csa
conclusory
statements
diversion
essentiality
market
effect
piling
assertion
upon
assertion
view
satisfy
substantiality
test
lopez
morrison
iii
well
recall
james
madison
father
constitution
described
system
joint
sovereignty
people
new
york
powers
delegated
proposed
constitution
federal
government
defined
remain
state
governments
numerous
indefinite
powers
reserved
several
extend
objects
ordinary
course
affairs
concern
lives
liberties
properties
people
internal
order
improvement
prosperity
state
federalist
pp
rossiter
ed
relying
congress
abstract
assertions
endorsed
making
federal
crime
grow
small
amounts
marijuana
one
home
one
medicinal
use
overreaching
stifles
express
choice
concerned
lives
liberties
people
regulate
medical
marijuana
differently
california
citizen
voted
medical
marijuana
ballot
initiative
california
legislator
supported
compassionate
use
act
whatever
wisdom
california
experiment
medical
marijuana
federalism
principles
driven
commerce
clause
cases
require
room
experiment
protected
case
reasons
dissent
alberto
gonzales
attorney
general
et
petitioners
angel
mcclary
raich
et
al
writ
certiorari
appeals
ninth
circuit
june
justice
thomas
dissenting
respondents
diane
monson
angel
raich
use
marijuana
never
bought
sold
never
crossed
state
lines
demonstrable
effect
national
market
marijuana
congress
regulate
commerce
clause
regulate
virtually
anything
federal
government
longer
one
limited
enumerated
powers
respondents
local
cultivation
consumption
marijuana
commerce
among
several
art
cl
holding
congress
may
regulate
activity
neither
interstate
commerce
interstate
commerce
clause
abandons
attempt
enforce
constitution
limits
federal
power
majority
supports
conclusion
invoking
without
explanation
necessary
proper
clause
regulating
respondents
conduct
however
necessary
proper
carrying
execution
congress
restrictions
interstate
drug
trade
art
cl
thus
neither
commerce
clause
necessary
proper
clause
grants
congress
power
regulate
respondents
conduct
explained
length
lopez
commerce
clause
empowers
congress
regulate
buying
selling
goods
services
trafficked
across
state
lines
concurring
opinion
clause
text
structure
history
indicate
time
founding
term
consisted
selling
buying
bartering
well
transporting
purposes
thomas
concurring
commerce
trade
stood
contrast
productive
activities
like
manufacturing
agriculture
thomas
concurring
throughout
dictionaries
madison
notes
constitutional
convention
federalist
papers
ratification
debates
term
commerce
consistently
used
mean
trade
exchange
economic
gainful
activity
attenuated
connection
trade
exchange
ibid
thomas
concurring
barnett
original
meaning
commerce
clause
chi
rev
term
commerce
commonly
meant
trade
exchange
shipping
purposes
simply
involved
drafting
ratification
processes
also
general
public
barnett
new
evidence
original
meaning
commerce
clause
ark
rev
even
majority
argue
respondents
conduct
commerce
among
several
art
cl
ante
monson
raich
neither
buy
sell
marijuana
consume
cultivate
cannabis
entirely
state
california
never
crosses
state
lines
much
less
part
commercial
transaction
certainly
evidence
founding
suggests
commerce
included
mere
possession
good
purely
personal
activity
involve
trade
exchange
value
early
days
republic
unthinkable
congress
prohibit
local
cultivation
possession
consumption
marijuana
traditional
understanding
commerce
controlled
substances
act
csa
et
regulates
great
deal
marijuana
trafficking
interstate
commercial
character
csa
however
criminalize
interstate
buying
selling
marijuana
instead
bans
entire
market
intrastate
interstate
noncommercial
commercial
marijuana
respondents
correct
csa
exceeds
congress
commerce
power
applied
conduct
purely
intrastate
noncommercial
difficult
however
whether
csa
valid
exercise
congress
power
enact
laws
necessary
proper
carrying
execution
power
regulate
interstate
commerce
art
cl
necessary
proper
clause
warrant
congress
enact
law
bears
conceivable
connection
exercise
enumerated
however
command
congress
enact
laws
absolutely
indispensable
exercise
enumerated
mcculloch
maryland
wheat
speaking
chief
justice
marshall
set
forth
test
determining
act
congress
permissible
necessary
proper
clause
let
end
legitimate
let
within
scope
constitution
means
appropriate
plainly
adapted
end
prohibited
consist
letter
spirit
constitution
constitutional
act
necessary
proper
clause
congress
must
select
means
appropriate
plainly
adapted
executing
enumerated
power
means
otherwise
prohibited
constitution
means
inconsistent
letter
spirit
onstitution
ibid
currie
constitution
first
hundred
years
pp
csa
applied
respondents
conduct
valid
exercise
congress
power
necessary
proper
clause
congress
exercised
power
interstate
commerce
criminalize
trafficking
marijuana
across
state
lines
government
contends
banning
monson
raich
intrastate
drug
activity
necessary
proper
carrying
execution
regulation
interstate
drug
trafficking
art
cl
see
however
order
necessary
intrastate
ban
must
reasonable
means
effectuat
ing
regulation
interstate
commerce
brief
petitioners
see
ante
majority
opinion
employing
review
must
plainly
adapted
regulating
interstate
marijuana
trafficking
words
must
obvious
simple
direct
relation
intrastate
ban
regulation
interstate
commerce
sabri
thomas
concurring
judgment
see
also
dewitt
wall
finding
ban
intrastate
sale
lighting
oils
appropriate
plainly
adapted
means
carrying
execution
congress
taxing
power
face
ban
intrastate
cultivation
possession
distribution
marijuana
may
plainly
adapted
stopping
interstate
flow
marijuana
unregulated
local
growers
users
swell
supply
demand
sides
interstate
marijuana
market
making
market
difficult
regulate
ante
majority
opinion
respondents
challenge
csa
face
instead
challenge
applied
conduct
question
thus
whether
intrastate
ban
necessary
proper
applied
medical
marijuana
users
like
respondents
regulable
simply
belong
large
class
local
growers
users
marijuana
congress
might
need
reach
also
belong
distinct
separable
subclass
local
growers
users
medical
marijuana
undermine
csa
interstate
ban
ante
dissenting
appeals
found
respondents
limited
use
distinct
broader
illicit
drug
market
th
eir
medicinal
marijuana
intended
enter
stream
commerce
raich
ashcroft
generally
true
individuals
grow
use
marijuana
medical
purposes
state
law
even
assuming
congress
obvious
plain
reasons
regulating
intrastate
cultivation
possession
necessary
regulating
interstate
drug
trade
none
reasons
applies
medical
marijuana
patients
like
monson
raich
california
compassionate
use
act
sets
respondents
conduct
apart
intrastate
producers
users
marijuana
act
channels
marijuana
use
seriously
ill
californians
cal
health
safety
code
ann
west
supp
prohibits
diversion
marijuana
nonmedical
purposes
california
strictly
controls
cultivation
possession
marijuana
medical
purposes
eligible
program
california
requires
patient
illness
cannabis
relieve
cancer
aids
arthritis
obtain
physician
recommendation
approval
qualified
patients
must
provide
personal
medical
information
obtain
medical
identification
cards
statewide
registry
cardholders
moreover
medical
board
california
issued
guidelines
physicians
cannabis
recommendations
sanctions
physicians
comply
guidelines
see
people
spark
cal
app
cal
rptr
class
intrastate
users
therefore
distinguishable
others
normally
presume
enforce
laws
riley
national
federation
blind
reason
depart
presumption
nothing
suggests
california
controls
ineffective
scant
evidence
exists
suggests
people
vast
majority
aged
older
register
use
medical
marijuana
general
accounting
office
marijuana
early
experiences
four
laws
allow
use
medical
purposes
http
internet
materials
visited
june
available
clerk
case
file
part
low
incidence
medical
marijuana
use
many
law
enforcement
officials
report
introduction
medical
marijuana
laws
affected
law
enforcement
efforts
controls
belie
government
assertion
placing
medical
marijuana
outside
csa
reach
prevent
effective
enforcement
interstate
ban
drug
trafficking
brief
petitioners
enforcement
csa
continue
prior
compassionate
use
act
qualified
patient
avoid
arrest
prosecution
presenting
identification
card
law
enforcement
officers
event
qualified
patient
arrested
possession
cannabis
seized
seek
prove
affirmative
defense
conformity
state
law
possessed
cultivated
small
quantities
marijuana
intrastate
solely
personal
medical
use
people
mower
cal
people
trippet
cal
app
moreover
csa
certain
drugs
present
high
risk
abuse
addiction
nevertheless
accepted
medical
use
drugs
like
morphine
amphetamines
available
prescription
cfr
one
argues
permitting
use
drugs
medical
supervision
undermined
csa
restrictions
even
assuming
controls
allow
seepage
medical
marijuana
illicit
drug
market
interstate
market
marijuana
executive
office
president
office
nat
drug
control
policy
marijuana
fact
sheet
http
difficult
see
vast
market
affected
diverted
medical
cannabis
let
alone
way
makes
regulating
intrastate
medical
marijuana
obviously
essential
controlling
interstate
drug
market
sure
congress
declared
state
policy
disrupt
federal
law
enforcement
believed
ban
essential
policing
interstate
drug
trafficking
justice
points
congress
presented
evidence
support
conclusions
much
findings
fact
assertions
power
ante
dissenting
opinion
congress
define
scope
power
merely
declaring
necessity
enactments
sum
neither
enacting
csa
defending
application
respondents
government
offered
obvious
reason
banning
medical
marijuana
use
necessary
stem
tide
interstate
drug
trafficking
congress
goal
curtailing
interstate
drug
trade
plainly
thwarted
apply
csa
patients
like
monson
raich
unless
congress
aim
really
exercise
police
power
sort
reserved
order
eliminate
even
intrastate
possession
use
marijuana
even
assuming
csa
ban
locally
cultivated
consumed
marijuana
necessary
mean
also
proper
means
selected
congress
regulate
interstate
commerce
prohibited
inconsistent
letter
spirit
constitution
mcculloch
lopez
argued
allowing
congress
regulate
intrastate
noncommercial
activity
commerce
clause
confer
congress
general
police
power
nation
thomas
concurring
even
congress
may
regulate
purely
intrastate
activity
essential
exercising
enumerated
power
see
dewitt
see
barnett
original
meaning
necessary
proper
clause
const
detailing
statements
founders
necessary
proper
clause
intended
expand
scope
congress
enumerated
powers
congress
may
use
incidental
authority
subvert
basic
principles
federalism
dual
sovereignty
printz
alden
maine
garcia
san
antonio
metropolitan
transit
authority
dissenting
federalist
pp
cooke
ed
hamilton
hereinafter
federalist
congress
encroached
traditional
police
powers
define
criminal
law
protect
health
safety
welfare
brecht
abrahamson
hillsborough
county
automated
medical
laboratories
government
rationale
may
regulate
production
possession
commodity
interstate
market
threatens
remove
remaining
vestiges
traditional
police
powers
see
brief
petitioners
cf
ehrlich
increasing
federalization
crime
describing
relative
recency
large
percentage
federal
crimes
lack
relationship
crimes
interstate
commerce
convert
necessary
proper
clause
precisely
chief
justice
marshall
envision
pretext
accomplishment
objects
intrusted
government
mcculloch
supra
ii
majority
advances
three
reasons
csa
legitimate
exercise
congress
authority
commerce
clause
first
respondents
conduct
taken
aggregate
may
substantially
affect
interstate
commerce
ante
second
regulation
respondents
conduct
essential
regulating
interstate
marijuana
market
ante
third
regulation
respondents
conduct
incidental
regulating
interstate
marijuana
market
ante
justice
explains
majority
reasons
reconciled
recent
commerce
clause
jurisprudence
majority
justifications
however
suffer
even
fundamental
flaws
majority
holds
congress
may
regulate
intrastate
cultivation
possession
medical
marijuana
commerce
clause
conduct
arguably
substantial
effect
interstate
commerce
majority
decision
proof
substantial
effects
test
rootless
malleable
standard
odds
constitutional
design
morrison
supra
thomas
concurring
majority
treatment
substantial
effects
test
rootless
tethered
either
commerce
clause
necessary
proper
clause
commerce
clause
congress
may
regulate
interstate
commerce
activities
substantially
affect
interstate
commerce
congress
may
regulate
activities
fall
within
affect
subjects
article
powers
lopez
supra
thomas
concurring
whatever
additional
latitude
necessary
proper
clause
affords
supra
question
whether
congress
legislation
essential
regulation
interstate
commerce
whether
legislation
extends
economic
activities
substantially
affect
interstate
commerce
supra
ante
scalia
concurring
judgment
majority
treatment
substantial
effects
test
malleable
majority
expands
relevant
conduct
defining
class
high
level
generality
intrastate
manufacture
possession
marijuana
majority
overlooks
individuals
authorized
state
law
manufacture
possess
medical
marijuana
exert
demonstrable
effect
interstate
drug
market
supra
majority
ignores
whether
particular
activity
substantially
affects
interstate
commerce
thus
comes
within
congress
reach
majority
approach
turn
number
objective
factors
like
state
action
features
regulated
activity
ante
dissenting
instance
california
effectively
regulating
medical
marijuana
users
users
little
effect
interstate
drug
substantial
effects
test
easily
manipulated
another
reason
never
held
congress
regulate
noneconomic
activity
substantially
affects
interstate
commerce
morrison
hus
far
nation
history
cases
upheld
commerce
clause
regulation
intrastate
activity
activity
economic
nature
emphasis
added
lopez
supra
evade
even
modest
restriction
federal
power
majority
defines
economic
activity
broadest
possible
terms
production
distribution
consumption
commodities
ante
quoting
webster
third
new
international
dictionary
hereinafter
webster
carves
vast
swath
activities
subject
federal
regulation
see
ante
dissenting
majority
taken
seriously
federal
government
may
regulate
quilting
bees
clothes
drives
potluck
suppers
throughout
makes
mockery
madison
assurance
people
new
york
powers
delegated
federal
government
defined
numerous
indefinite
federalist
madison
moreover
even
interested
modern
original
understanding
constitution
resolve
cases
based
meaning
words
actually
document
congress
authorized
regulate
commerce
respondents
conduct
qualify
definition
majority
opinion
illustrates
steady
drift
away
text
commerce
clause
inexorable
expansion
ante
commercial
economic
activity
ante
finally
production
distribution
consumption
goods
services
established
interstate
market
ante
federal
power
expands
never
contracts
new
locution
majority
interpreting
commerce
clause
rewriting
majority
rewriting
commerce
clause
seems
rooted
belief
unless
commerce
clause
covers
entire
web
human
activity
congress
left
powerless
regulate
national
economy
effectively
ante
lopez
kennedy
concurring
interconnectedness
economic
activity
modern
phenomenon
unfamiliar
framers
thomas
concurring
letter
madison
roane
founders
constitution
kurland
lerner
eds
moreover
framers
understood
majority
appear
fully
appreciate
danger
concentrating
much
well
little
power
federal
government
carefully
avoided
stripping
congress
ability
regulate
interstate
commerce
casually
allowed
federal
government
strip
ability
regulate
intrastate
commerce
mention
host
local
activities
like
mere
drug
possession
commercial
one
searches
opinion
vain
hint
aspect
american
life
reserved
yet
knows
constitution
created
federal
government
limited
powers
new
york
quoting
gregory
ashcroft
today
decision
add
measure
stability
commerce
clause
jurisprudence
willing
neither
enforce
limits
federal
power
declare
tenth
amendment
dead
letter
stability
possible
discarding
substantial
effects
test
revisiting
definition
commerce
among
several
congress
may
regulate
interstate
commerce
things
affect
even
summed
together
unless
truly
necessary
proper
regulating
interstate
commerce
majority
also
inconsistently
contends
regulating
respondents
conduct
incidental
essential
comprehensive
legislative
scheme
ante
already
explained
csa
ban
local
activity
essential
supra
however
majority
claims
csa
covers
great
deal
interstate
commerce
moment
also
ensnares
purely
intrastate
activity
ante
long
congress
casts
net
broadly
interstate
market
according
majority
free
regulate
interstate
intrastate
activity
alike
justified
either
commerce
clause
necessary
proper
clause
activity
purely
intrastate
may
regulated
commerce
clause
regulation
intrastate
activity
purely
incidental
may
regulated
necessary
proper
clause
nevertheless
majority
terms
pivotal
distinction
present
case
lopez
morrison
ante
lopez
morrison
parties
asserted
facial
challenges
claiming
particular
statute
provision
fell
outside
congress
commerce
power
entirety
ante
contrast
respondents
claim
csa
falls
outside
congress
commerce
power
applied
individual
conduct
according
majority
courts
may
set
aside
whole
statutes
provisions
may
excise
individual
applications
concededly
valid
statutory
scheme
ante
see
also
perez
maryland
wirtz
true
respondents
conduct
part
class
activities
class
within
reach
federal
power
perez
supra
emphases
deleted
respondents
may
point
de
minimis
effect
personal
conduct
interstate
drug
market
wirtz
supra
ante
dissenting
begs
question
issue
whether
respondents
class
activities
within
reach
federal
power
depends
turn
whether
class
defined
low
high
level
generality
supra
medical
marijuana
patients
like
monson
raich
largely
stand
outside
interstate
drug
market
courts
must
excise
csa
coverage
congress
expressly
provided
provision
csa
held
invalid
one
applications
provision
shall
remain
effect
valid
applications
severable
emphasis
added
see
also
booker
slip
thomas
dissenting
part
even
absence
express
severability
provision
implausible
set
aside
entire
portions
code
outside
congress
power
lopez
morrison
engage
restrained
practice
invalidating
particular
applications
csa
beyond
congress
power
regularly
entertained
challenges
constitutional
provisions
see
raines
including
commerce
clause
see
katzenbach
mcclung
heart
atlanta
motel
wickard
filburn
reason
congress
exceeds
scope
commerce
power
courts
may
invalidate
congress
overreaching
basis
csa
undoubtedly
regulates
great
deal
interstate
commerce
license
regulate
conduct
neither
interstate
commercial
however
minor
incidental
majority
correct
lopez
morrison
distinct
facial
challenges
particular
statute
provision
ante
congressional
power
turns
manner
congress
packages
legislation
majority
reasoning
congress
enact
either
statute
separate
provision
csa
prohibition
intrastate
possession
cultivation
marijuana
enact
intrastate
ban
simply
supplement
existing
drug
regulations
however
prohibition
perfectly
constitutional
integrated
piece
legislation
reaches
regulable
conduct
lopez
thomas
concurring
finally
majority
view
csa
applications
constitutional
must
constitutional
undermines
reliance
substantial
effects
test
intrastate
conduct
swept
within
general
regulatory
scheme
may
may
substantial
effect
relevant
interstate
market
ne
always
draw
circle
broadly
enough
cover
activity
taken
isolation
substantial
effects
commerce
thomas
concurring
breadth
legislation
congress
enacts
says
nothing
whether
intrastate
activity
substantially
affects
interstate
commerce
let
alone
whether
necessary
scheme
medical
marijuana
users
california
elsewhere
placing
substantial
amounts
cannabis
stream
interstate
commerce
congress
may
regulate
substantial
effects
test
matter
broadly
drafts
csa
majority
prevents
like
california
devising
drug
policies
concluded
provide
respite
seriously
ill
without
serious
inquiry
necessity
federal
regulation
propriety
displac
ing
state
regulation
areas
traditional
state
concern
kennedy
concurring
majority
rush
embrace
federal
power
especially
unfortunate
given
importance
showing
respect
sovereign
comprise
federal
union
oakland
cannabis
buyers
cooperative
stevens
concurring
judgment
federalist
system
properly
understood
allows
california
growing
number
decide
safeguard
health
welfare
citizens
affirm
judgment
appeals
respectfully
dissent
footnotes
see
alaska
stat
lexis
colo
art
xviii
rev
stat
lexis
haw
rev
stat
cum
supp
rev
stat
tit
west
nev
art
rev
stat
rev
stat
stat
tit
supp
rev
code
see
also
rev
stat
ann
west
supp
voter
initiative
permitting
physicians
prescribe
schedule
substances
medical
purposes
purportedly
repealed
repeal
rejected
voters
november
montana
voters
approved
initiative
adding
number
authorizing
use
marijuana
medical
purposes
cal
stats
ch
see
also
gieringer
origins
cannabis
prohibition
california
contemporary
drug
problems
rev
cal
health
safety
code
ann
west
supp
california
legislature
recently
enacted
additional
legislation
supplementing
compassionate
use
act
west
supp
people
state
california
hereby
find
declare
purposes
compassionate
use
act
follows
ensure
seriously
ill
californians
right
obtain
use
marijuana
medical
purposes
medical
use
deemed
appropriate
recommended
physician
determined
person
health
benefit
use
marijuana
treatment
cancer
anorexia
aids
chronic
pain
spasticity
glaucoma
arthritis
migraine
illness
marijuana
provides
relief
ensure
patients
primary
caregivers
obtain
use
marijuana
medical
purposes
upon
recommendation
physician
subject
criminal
prosecution
sanction
encourage
federal
state
governments
implement
plan
provide
safe
affordable
distribution
marijuana
patients
medical
need
marijuana
west
supp
notwithstanding
provision
law
physician
state
shall
punished
denied
right
privilege
recommended
marijuana
patient
medical
purposes
west
supp
section
relating
possession
marijuana
section
relating
cultivation
marijuana
shall
apply
patient
patient
primary
caregiver
possesses
cultivates
marijuana
personal
medical
purposes
patient
upon
written
oral
recommendation
approval
physician
west
supp
west
supp
remand
district
entered
preliminary
injunction
enjoining
petitioners
arresting
prosecuting
plaintiffs
angel
mcclary
raich
diane
monson
seizing
medical
cannabis
forfeiting
property
seeking
civil
administrative
sanctions
respect
intrastate
cultivation
possession
use
obtaining
without
charge
cannabis
personal
medical
purposes
advice
physician
accordance
state
law
used
distribution
sale
exchange
brief
petitioners
see
musto
korsmeyer
quest
drug
control
hereinafter
musto
korsmeyer
pt
hereinafter
congressional
quarterly
almanac
hereinafter
almanac
musto
korsmeyer
pure
food
drug
act
ch
stat
repealed
act
june
ch
stat
see
doremus
leary
see
doremus
bonnie
whitebread
marijuana
conviction
grinspoon
bakalar
marihuana
forbidden
medicine
rev
ed
hereinafter
grinspoon
bakalar
although
federal
government
first
attempt
regulate
marijuana
trade
time
place
form
legislation
regulating
sale
use
possession
marijuana
isralowitz
drug
use
policy
management
ed
leary
grinspoon
bakalar
leary
musto
korsmeyer
almanac
bureau
narcotics
dangerous
drugs
became
drug
enforcement
administration
dea
see
reorg
plan
cfr
comprehensive
drug
abuse
prevention
control
act
consists
three
titles
title
relates
prevention
treatment
narcotic
addicts
hew
department
health
human
services
stat
title
ii
discussed
detail
addresses
drug
control
enforcement
administered
attorney
general
dea
title
iii
concerns
import
export
controlled
substances
particular
congress
made
following
findings
many
drugs
included
within
subchapter
useful
legitimate
medical
purpose
necessary
maintain
health
general
welfare
american
people
illegal
importation
manufacture
distribution
possession
improper
use
controlled
substances
substantial
detrimental
effect
health
general
welfare
american
people
major
portion
traffic
controlled
substances
flows
interstate
foreign
commerce
incidents
traffic
integral
part
interstate
foreign
flow
manufacture
local
distribution
possession
nonetheless
substantial
direct
effect
upon
interstate
commerce
manufacture
many
controlled
substances
transported
interstate
commerce
controlled
substances
distributed
locally
usually
transported
interstate
commerce
immediately
distribution
controlled
substances
possessed
commonly
flow
interstate
commerce
immediately
prior
possession
local
distribution
possession
controlled
substances
contribute
swelling
interstate
traffic
substances
controlled
substances
manufactured
distributed
intrastate
differentiated
controlled
substances
manufactured
distributed
interstate
thus
feasible
distinguish
terms
controls
controlled
substances
manufactured
distributed
interstate
controlled
substances
manufactured
distributed
intrastate
federal
control
intrastate
incidents
traffic
controlled
substances
essential
effective
control
interstate
incidents
traffic
see
moore
see
also
quoting
letter
roger
egeberg
hon
harley
staggers
starting
national
organization
reform
marijuana
laws
norml
began
campaign
reclassify
marijuana
grinspoon
bakalar
fleeting
success
administrative
law
judge
alj
declared
dea
acting
unreasonable
arbitrary
capricious
manner
continued
deny
marijuana
access
seriously
ill
patients
concluded
reclassified
schedule
iii
substance
grinspoon
dea
campaign
proved
unsuccessful
dea
administrator
endorse
alj
findings
fed
reg
since
time
routinely
denied
petitions
reschedule
drug
recently
fed
reg
appeals
district
columbia
circuit
reviewed
petition
reschedule
marijuana
five
separate
occasions
course
years
ultimately
upholding
administrator
final
order
see
alliance
cannabis
therapeutics
dea
lopez
kennedy
concurring
souter
dissenting
see
gibbons
ogden
wheat
opinion
johnson
stern
commerce
concerns
one
harv
rev
gunther
constitutional
law
ed
see
lopez
kennedy
concurring
see
also
granholm
heald
slip
lopez
enactment
interstate
commerce
act
interstate
commerce
power
began
exert
positive
influence
american
law
life
first
important
federal
resort
commerce
power
followed
sherman
act
thereafter
mainly
many
others
statutes
ushered
new
phases
adjudication
required
approach
interpretation
commerce
clause
light
actual
exercise
congress
power
thereunder
footnotes
omitted
even
respondents
acknowledge
existence
illicit
market
marijuana
indeed
raich
personally
participated
market
monson
expresses
willingness
future
app
see
also
department
revenue
mont
kurth
ranch
discussing
market
value
marijuana
rehnquist
dissenting
dissenting
whalen
roe
addressing
prescription
drugs
lawful
unlawful
market
turner
referring
purchase
drugs
retail
market
sure
wheat
market
lawful
market
congress
sought
protect
stabilize
whereas
marijuana
market
unlawful
market
congress
sought
eradicate
difference
however
constitutional
import
long
settled
congress
power
regulate
commerce
includes
power
prohibit
commerce
particular
commodity
lopez
rejected
argument
congress
lacked
power
prohibit
interstate
movement
lottery
tickets
power
regulate
prohibit
see
also
wickard
stimulation
commerce
use
regulatory
function
quite
definitely
prohibitions
restrictions
thereon
see
wickard
recognizing
wickard
activity
may
regarded
commerce
executive
office
president
estimated
american
users
spent
billion
purchase
marijuana
office
nat
drug
control
policy
marijuana
fact
sheet
available
http
internet
materials
visited
june
available
clerk
case
file
moreover
discussed
detail
congress
make
findings
regarding
effects
intrastate
drug
activity
interstate
commerce
see
supra
indeed
even
appeals
found
findings
weigh
ed
favor
upholding
constitutionality
csa
case
dissenters
however
impose
new
heightened
burden
congress
unless
litigants
garner
evidence
sufficient
cure
congress
perceived
inadequa
cies
legislation
must
contain
detailed
findings
proving
activity
regulated
within
comprehensive
statute
essential
statutory
scheme
post
dissenting
post
thomas
dissenting
exacting
requirement
unprecedented
also
impractical
indeed
principal
dissent
critique
congress
even
including
declarations
specific
marijuana
particularly
unpersuasive
given
csa
initially
identified
substances
subject
regulation
schedule
drugs
mention
categorized
schedules
post
dissenting
surely
congress
expected
certainly
required
include
specific
findings
every
substance
contained
therein
order
satisfy
dissenters
unfounded
skepticism
see
supra
citing
sources
evince
congress
particular
concern
diversion
drugs
legitimate
illicit
channels
principal
dissent
asserts
eizing
upon
language
lopez
post
opinion
giving
effect
case
law
congress
incentive
legislate
broadly
even
putting
aside
political
checks
generally
curb
congress
power
enact
broad
comprehensive
scheme
purpose
targeting
purely
local
activity
suggestion
csa
constitutes
type
evasive
legislation
dissent
fears
argument
plausibly
made
post
dissenting
lopez
see
also
kennedy
concurring
stating
lopez
alter
practical
conception
commercial
regulation
congress
may
regulate
commercial
sphere
assumption
single
market
unified
purpose
build
stable
national
economy
see
bald
golden
eagles
biological
weapons
nuclear
material
certain
plastic
explosives
contraband
cigarettes
acknowledge
evidence
proffered
respondents
case
regarding
effective
medical
uses
marijuana
found
credible
trial
cast
serious
doubt
accuracy
findings
require
marijuana
listed
schedule
see
institute
medicine
marijuana
medicine
assessing
science
base
joy
watson
benson
eds
recognizing
cientific
data
indicate
potential
therapeutic
value
cannabinoid
drugs
primarily
thc
tetrahydrocannabinol
pain
relief
control
nausea
vomiting
appetite
stimulation
see
also
conant
walters
kozinski
concurring
chronicling
medical
studies
recognizing
valid
medical
uses
marijuana
derivatives
possibility
drug
may
reclassified
future
relevance
question
whether
congress
power
regulate
production
distribution
respondents
submission
accepted
place
homegrown
medical
substances
beyond
reach
congress
regulatory
jurisdiction
even
california
current
controls
enacted
eight
years
compassionate
use
act
passed
ffective
dissenters
us
blindly
presume
post
dissenting
post
thomas
dissenting
california
decision
made
years
csa
enacted
impose
stric
controls
cultivation
possession
marijuana
medical
purposes
post
thomas
dissenting
retroactively
divest
congress
authority
commerce
clause
indeed
justice
thomas
urgings
contrary
turn
supremacy
clause
head
resurrect
limits
congressional
power
long
since
rejected
see
post
scalia
concurring
judgment
quoting
mcculloch
maryland
wheat
impose
congress
necessity
resorting
means
control
another
government
may
furnish
withhold
render
course
precarious
result
measures
uncertain
create
dependence
governments
might
disappoint
important
designs
incompatible
language
moreover
addition
casting
aside
century
commerce
clause
jurisprudence
noteworthy
justice
thomas
suggestion
possess
power
dictate
extent
congress
commerce
power
implications
beyond
facts
case
example
reasoning
congress
equally
powerless
regulate
let
alone
prohibit
intrastate
possession
cultivation
use
marijuana
recreational
purposes
activity
strictly
contro
indeed
rationale
seemingly
require
congress
cede
constitutional
power
regulate
commerce
whenever
state
opts
exercise
traditional
police
powers
define
criminal
law
protect
health
safety
welfare
citizens
post
dissenting
opinion
california
compassionate
use
act
since
amended
limiting
catchall
category
ny
chronic
persistent
medical
symptom
either
ubstantially
limits
ability
person
conduct
one
major
life
activities
defined
americans
disabilities
act
alleviated
may
cause
serious
harm
patient
safety
physical
mental
health
cal
health
safety
code
ann
west
supp
see
moore
doremus
state
policy
allows
patients
possess
eight
ounces
dried
marijuana
cultivate
mature
immature
plants
cal
health
safety
code
ann
west
supp
however
quantity
limitations
serve
floor
based
doctor
recommendation
patient
possess
whatever
quantity
necessary
satisfy
medical
needs
cities
counties
given
carte
blanche
establish
generous
limits
indeed
several
cities
counties
done
example
patients
residing
cities
oakland
santa
cruz
counties
sonoma
tehama
permitted
possess
pounds
processed
marijuana
reply
brief
citing
proposition
enforcement
guidelines
putting
quantity
perspective
pounds
marijuana
yields
roughly
joints
cigarettes
executive
office
president
office
national
drug
control
policy
america
users
spend
illegal
drugs
http
street
price
amount
range
anywhere
dea
illegal
drug
price
purity
report
apr
example
respondent
raich
attests
uses
ounces
cannabis
week
app
yet
resident
oakland
entitled
possess
pounds
processed
marijuana
given
time
nearly
times
uses
weekly
basis
see
people
ex
rel
lungren
peron
cal
app
recounting
cannabis
buyers
club
engaged
indiscriminate
uncontrolled
pattern
sale
thousands
persons
among
general
public
including
persons
demonstrated
recommendation
approval
physician
fact
care
physician
undercover
officers
noting
persons
purchased
marijuana
respondents
premises
reselling
unlawfully
street
footnotes
see
also
garcia
san
antonio
metropolitan
transit
authority
dissenting
explaining
necessary
proper
clause
intrastate
activity
interstate
commerce
reached
commerce
power
wickard
filburn
presented
case
unregulated
production
wheat
personal
consumption
diminished
demand
regulated
wheat
market
said
carried
potential
disrupt
congress
price
regulation
driving
prices
market
potential
disruption
congress
interstate
regulation
effect
personal
consumption
wheat
interstate
commerce
justified
congress
regulation
conduct
principal
dissent
claims
sufficient
sustain
regulation
issue
case
also
sufficient
sustain
regulation
issue
lopez
see
post
arguing
surmised
lopez
guns
school
zones
instant
interstate
market
guns
already
subject
federal
regulation
recast
lopez
necessary
proper
clause
case
thereby
upheld
school
zones
act
claim
founders
upon
shoals
lopez
made
clear
statute
issue
essential
part
larger
regulation
economic
activity
lopez
supra
emphasis
added
dissent
view
things
statement
inexplicable
course
addition
difficult
imagine
intelligible
scheme
regulation
interstate
market
guns
appropriate
means
effectuation
prohibition
guns
within
feet
schools
nowhere
else
dissent
points
federal
law
barring
licensed
dealers
selling
guns
minors
see
post
relationship
regulatory
scheme
part
requiring
dealers
firearms
traveled
interstate
commerce
licensed
see
statute
issue
lopez
approaches
nonexistent
doubtless
government
attempt
justify
statute
basis
relationship
footnotes
mcculloch
maryland
wheat
madison
bank
bill
house
representatives
founders
constitution
kurland
lerner
eds
requiring
direct
rather
remote
fit
hamilton
opinion
constitutionality
bank
requiring
obvious
fit
end
clearly
comprehended
within
specified
powers
congress
mcculloch
supra
currie
constitution
first
hundred
years
respondents
challenge
face
csa
ban
marijuana
adjudication
challenge
casts
doubt
practice
lopez
morrison
cases
held
congress
enacting
statutes
issue
exceeded
article
powers
likewise
prohibit
diversion
marijuana
nonmedical
purposes
see
colo
art
xviii
rev
stat
rev
stat
fact
objected
necessary
proper
clause
allow
congress
inter
alia
constitute
new
crimes
extend
power
far
shall
think
proper
state
legislatures
security
powers
presumed
remain
people
rights
mason
objections
constitution
formed
convention
complete
storing
ed
emphasis
added
hamilton
responded
objections
gross
misrepresentation
federalist
termed
clause
perfectly
harmless
merely
confirmed
congress
implied
authority
enact
laws
exercising
enumerated
powers
see
also
lopez
thomas
concurring
discussing
congress
limited
ability
establish
nationwide
criminal
prohibitions
cohens
virginia
wheat
finding
clear
ongress
punish
felonies
generally
except
areas
possesses
plenary
power
according
hamilton
clause
needed
guard
cavilling
refinements
seeking
cripple
federal
power
federalist
madison
remarkably
majority
goes
far
declare
question
irrelevant
asserts
csa
constitutional
even
california
current
controls
effective
state
action
neither
expand
contract
congress
powers
ante
majority
assertion
misleading
regardless
state
action
congress
power
regulate
intrastate
economic
activities
substantially
affect
interstate
commerce
majority
view
activities
necessary
proper
effectuating
commerce
power
view
either
approach
whether
intrastate
activity
falls
within
scope
congress
powers
turns
factors
majority
unwilling
confront
majority
apparently
believes
even
prevented
medical
marijuana
entering
illicit
drug
market
thus
even
need
csa
govern
medical
marijuana
users
uphold
csa
commerce
clause
necessary
proper
clause
finally
invoke
supremacy
clause
majority
beg
question
csa
displaces
california
compassionate
use
act
csa
constitutional
applied
respondents
conduct
question
issue
dictionaries
define
term
economic
broadly
majority
see
american
heritage
dictionary
english
language
ed
defining
economic
relating
production
development
management
material
wealth
country
household
business
enterprise
emphasis
added
majority
explain
selects
remarkably
expansive
definition
see
buying
selling
goods
especially
large
scale
cities
nations
random
house
dictionary
english
language
ed
interchange
goods
commodities
esp
large
scale
different
countries
different
parts
country
webster
exchange
buying
selling
commodities
esp
large
scale
involving
transportation
place
place