Comment by adiabatichottub
2 days ago
It hasn't been my industry for years, and the legality of intrastate cannabis is still being fought in the courts, see the Canna Provisions case which has been ongoing since 2023 and is currently on the Supreme Court docket.
I'd like to see intrastate commerce of plants not be interstate commerce, but until the supreme court decides otherwise most of the legal finding in Wickard v Filburn are still intact that it is interstate commerce to even grow a crop (in this case weed) on your own property and consume it even if you don't sell or transfer it.
Finding intrastate regulation of cannabis as outside of interstate commerce would basically implode most the government at this point, which I'm doubtful they would allow. The Civil Rights Act, ADA, FDA, EPA, OSHA and a myriad of other stuff all squarely rely on the same precedent that makes federal intrastate marijuana regulation legal.
Thanks for the reference to Wickard v Filburn, definitely an interesting read. On it's face it looks like a questionable decision and politically motivated, but I see your point about how it helped to create the current regulatory environment, for better or worse.