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Does the federal government have the right to ban marijuana under the Commerce Clause of the U.S. Constitution? Why or why not?

Reflect: The federal government has many duties, obligations, and powers under the Constitution. Some scholars argue that the reach of the federal government should be limited and constrained. Other scholars argue that the federal government should not be constrained or limited where the welfare of the U.S. people is concerned. For example, in the case, Gonzales v. Raich, the boundaries of the federal government’s definition of interstate commerce are in question. In this case, Drug Enforcement Agency (DEA) agents took marijuana plants from a woman’s home in California under the Federal Controlled Substances Act. However, under California’s Compassionate Use Act of 1996, the plants were allowed for medical use.

Write: In your initial post of at least 250 words, utilize the Constitution, established case law, and scholarly sources to address the following questions:

  • Does the federal government have the right to ban marijuana under the Commerce Clause of the U.S. Constitution?  Why or why not?
  • What are some of the political issues that surround this case?

Respond to Peers: Support your claims with examples from the required material(s) and/or other scholarly resources, and properly cite any references according to APA standards.


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