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The Supreme Court ruled that the Commerce Clause allowed for enforcement of the federal Controlled Substances Act in states that had legalized “medical marijuana” in Gonzales v. Raich (2005). The reasoning was remarkably similar to that of Wickard vs Filburn: even though the marijuana had been grown and consumed locally, the Commerce Clause permitted regulation because of the influence on the overall supply and demand for marijuana. Is growing and using marijuana for medicinal purposes different from growing wheat for personal use in terms of effect on the market for the product? How will this play out now that the Obama administration has not enforced federal law in states that approved recreational use of marijuana?

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