It will not do to say that Congress may regulate noncommercial activity simply because it may have an effect on the demand for commercial goods, or because the noncommercial endeavor can, in some sense, substitute for commercial activity. After some fleeting success in 1988 when an Administrative Law Judge (ALJ) declared that the DEA would be acting in an “unreasonable, arbitrary, and capricious” manner if it continued to deny marijuana access to seriously ill patients, and concluded that it should be reclassified as a Schedule III substance, Grinspoon v. DEA, 828 F. 2d 881, 883–884 (CA1 1987), the campaign has proved unsuccessful.

Our cases show that the regulation of intrastate activities may be necessary to and proper for the regulation of interstate commerce in two general circumstances. I, §8, cl. Third, we found telling the absence of legislative findings about the regulated conduct’s impact on interstate commerce.
Respondents ask the Court to excise individual applications of a concededly valid comprehensive statutory scheme.

L. Rev.

[Footnote 29]. Other dictionaries do not define the term “economic” as broadly as the majority does.

Id., at 590–593 (Thomas, J., concurring); Letter from J. Madison to S. Roane (Sept. 2, 1819), in 3 The Founders’ Constitution 259–260 (P. Kurland & R. Lerner eds. See, e.g., Institute of Medicine, Marijuana and Medicine: Assessing the Science Base 179 (J. Joy, S. Watson, & J. Benson eds. Title I relates to the prevention and treatment of narcotic addicts through HEW (now the Department of Health and Human Services).

In contrast to the CSA’s limitless assertion of power, Congress provided an exemption within the AAA for small producers. The CSA designates marijuana as contraband for any purpose; in fact, by characterizing marijuana as a Schedule I drug, Congress expressly found that the drug has no acceptable medical uses. Pure Food and Drug Act of 1906, ch. §§811, 812. Ibid.

These controls belie the Government’s assertion that placing medical marijuana outside the CSA’s reach “would prevent effective enforcement of the interstate ban on drug trafficking.” Brief for Petitioners 33. In assessing the scope of Congress’ authority under the Commerce Clause, we stress that the task before us is a modest one. California’s Compassionate Use Act authorizes limited marijuana use for medicinal purposes. Rev. But on either approach, whether an intrastate activity falls within the scope of Congress’ powers turns on factors that the majority is unwilling to confront. Even in the absence of an express severability provision, it is implausible that this Court could set aside entire portions of the United States Code as outside Congress’ power in Lopez and Morrison, but it cannot engage in the more restrained practice of invalidating particular applications of the CSA that are beyond Congress’ power. 4844–4845, 18 U. S. C. §922(q)(1)(A). Where economic activity substantially affects interstate commerce, legislation regulating that activity will be sustained.” Lopez, supra, at 560; Morrison, supra, at 610 (same). Nor does this Court’s holding in Morrison, 529 U. S. 598. If the Federal Government can regulate growing a half-dozen cannabis plants for personal consumption (not because it is interstate commerce, but because it is inextricably bound up with interstate commerce), then Congress' Article I powers – as expanded by the Necessary and Proper Clause – have no meaningful limits. With real numbers at hand, the Wickard Court could easily conclude that “a factor of such volume and variability as home-consumed wheat would have a substantial influence on price and market conditions” nationwide. The Court of Appeals distinguished prior Circuit cases upholding the CSA in the face of Commerce Clause challenges by focusing on what it deemed to be the “separate and distinct class of activities” at issue in this case: “the intrastate, noncommercial cultivation and possession of cannabis for personal medical purposes as recommended by a patient’s physician pursuant to valid California state law.” Id., at 1228.

The breadth of legislation that Congress enacts says nothing about whether the intrastate activity substantially affects interstate commerce, let alone whether it is necessary to the scheme. 1987). And the street price for that amount can range anywhere from $900 to $24,000. He termed the Clause “perfectly harmless,” for it merely confirmed Congress’ implied authority to enact laws in exercising its enumerated powers. In that case, Congress had supplied numerous findings regarding the impact gender-motivated violence had on the national economy. Health & Safety Code Ann. The regulations established an allotment of 11.1 acres for Filburn’s 1941 wheat crop, but he sowed 23 acres, intending to use the excess by consuming it on his own farm.

18. The interconnectedness of economic activity is not a modern phenomenon unfamiliar to the Framers. Wickard v. Filburn, 317 U. S. 111 (1942), presented such a case. It is beyond peradventure that federal power over commerce is “ ‘superior to that of the States to provide for the welfare or necessities of their inhabitants,’ ” however legitimate or dire those necessities may be. The CSA displaces California’s Compassionate Use Act if the CSA is constitutional as applied to respondents’ conduct, but that is the very question at issue. Today’s decision allows Congress to regulate intrastate activity without check, so long as there is some implication by legislative design that regulating intrastate activity is essential (and the Court appears to equate “essential” with “necessary”) to the interstate regulatory scheme. Drugs like marijuana are fungible commodities. I agree with the Court that we must look beyond respondents’ own activities. For the reasons given above and in the Court’s opinion, I cannot agree. Scalia, J., filed an opinion concurring in the judgment. That is so even if California’s current controls (enacted eight years after the Compassionate Use Act was passed) are “[e]ffective,” as the dissenters would have us blindly presume, post, at 15 (O’Connor, J., dissenting); post, at 6, 12 (Thomas, J., dissenting). The plausible story in this case is that the federal government cannot rightly distinguish between marijuana grown in one’s own home and the marijuana sold in interstate commerce (clearly a constitutionally authorized regulation, according to the court). Indeed, that the California exemptions will have a significant impact on both the supply and demand sides of the market for marijuana is not just “plausible” as the principal dissent concedes, post, at 16 (O’Connor, J., dissenting), it is readily apparent. Ehrlich, The Increasing Federalization of Crime, 32 Ariz. St. L. J.

The attorneys general of Alabama, Louisiana, and Mississippi, three strongly antidrug states from the conservative South, filed a brief supporting Raich, on the grounds of states' rights.[10]. Ante, at 19. Garcia, 469 U. S., at 586 (O’Connor, J., dissenting) (“[S]tate autonomy is a relevant factor in assessing the means by which Congress exercises its powers” under the Commerce Clause). [22] This effort succeeded for the first time as the Rohrabacher–Farr amendment to the omnibus federal spending bill for the 2015 fiscal year (section 538), which was enacted on December 16, 2014. As Justice Scalia recognizes, see ante, at 7 (opinion concurring in judgment), Congress cannot use its authority under the Clause to contravene the principle of state sovereignty embodied in the Tenth Amendment. §11362.5 (West Supp. [Footnote 3]. I have already explained why the CSA’s ban on local activity is not essential. The Government contends that banning Monson and Raich’s intrastate drug activity is “necessary and proper for carrying into Execution” its regulation of interstate drug trafficking.

Gonzales v. Raich (previously Ashcroft v. Raich), 545 U.S. 1 (2005), was a decision by the United States Supreme Court ruling that under the Commerce Clause of the US Constitution, Congress may criminalize the production and use of homegrown cannabis even if state law allows its use for medicinal purposes.[1]. In Lopez and Morrison, the parties asserted facial challenges, claiming “that a particular statute or provision fell outside Congress’ commerce power in its entirety.” Ante, at 20. We normally presume that States enforce their own laws, Riley v. National Federation of Blind of N. C., Inc., 487 U. S. 781, 795 (1988), and there is no reason to depart from that presumption here: Nothing suggests that California’s controls are ineffective.

Filing [16], In 2007, the Ninth Circuit decided against Raich, when she renewed her litigation on substantive due process grounds. §13–3412.01 (West Supp. The blog also highlights ADA, labor and employment, and bankruptcy law developments that affect hotel owners and lenders. ); Stern, That Commerce Which Concerns More States Than One, 47 Harv. If Congress decides that the “ ‘total incidence’ ” of a practice poses a threat to a national market, it may regulate the entire class. To draw the line wherever private activity affects the demand for market goods is to draw no line at all, and to declare everything economic. One of federalism’s chief virtues, of course, is that it promotes innovation by allowing for the possibility that “a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.” New State Ice Co. v. Liebmann, 285 U. S. 262, 311 (1932) (Brandeis, J., dissenting). Indeed, several cities and counties have done just that. Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. DEA, Illegal Drug Price and Purity Report (Apr. In assessing the scope of Congress’ Commerce Clause authority, the Court need not determine whether respondents’ activities, taken in the aggregate, substantially affect interstate commerce in fact, but only whether a “rational basis” exists for so concluding. It is true that if respondents’ conduct is part of a “class of activities … and that class is within the reach of federal power,” Perez, supra, at 154 (emphases deleted), then respondents may not point to the de minimis effect of their own personal conduct on the interstate drug market, Wirtz, supra, at 196, n. 27. Finally, neither respondents nor the dissenters suggest any violation of state sovereignty of the sort that would render this regulation “inappropriate,” id., at 421—except to argue that the CSA regulates an area typically left to state regulation. §11362.5 (West Supp. And if the regulation of the intrastate activity is purely incidental, then it may not be regulated under the Necessary and Proper Clause. This first important federal resort to the commerce power was followed in 1890 by the Sherman Anti-Trust Act and, thereafter, mainly after 1903, by many others.

4th 1532, 1549 (1997).

Putting to one side the problem endemic to the Court’s opinion—the shift in focus from the activity at issue in this case to the entirety of what the CSA regulates, see Lopez, supra, at 565 (“depending on the level of generality, any activity can be looked upon as commercial”)—the Court’s definition of economic activity for purposes of Commerce Clause jurisprudence threatens to sweep all of productive human activity into federal regulatory reach. 1987) (requiring “direct” rather than “remote” means-end fit); Hamilton, Opinion on the Constitutionality of the Bank (Feb. 23, 1791), in id., at 248, 250 (requiring “obvious” means-end fit, where the end was “clearly comprehended within any of the specified powers” of Congress). 1335, 1337, 1340–1341 (1934); G. Gunther, Constitutional Law 127 (9th ed. 84 Stat. [Footnote 10] That effort culminated in the passage of the Comprehensive Drug Abuse Prevention and Control Act of 1970, 84 Stat. [Footnote 32].

The Act channels marijuana use to “seriously ill Californians,” Cal. See Lopez, 514 U. S., at 561; Morrison, 529 U. S., at 610.

The CSA is a valid exercise of federal power, even as applied to the troubling facts of this case.


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