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The power in Article 1 section 8 gives Congress the authority to prohibit the local cultivation and use of marijuana.
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because
score: 2
Marijuana is an economic "class of activities" that has an effect on interstate commerce.
sources:
Perez v. United States (1971)
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because
score: 1
Even if the marijuana is not produced for sale it has an effect on price and market conditions.
sources:
Wickard v. Filburn
- 0 branch
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but
score: 1
The state of California authorizes the use of marijuana for medical purposes.
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however
score: 1
Congress has the power to trump any state law with the commerce clause.
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because
score: 0
When a commodity exists like marijuana regulating the interstate manufacture or possession of it is a rational part of regulating the market.
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but
score: 1
The Compassionate Use Act marijuana users are not responsible for the drug seeping into the market.
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however
score: 1
Marijuana has never been bought or sold and never crossed state lines in this case so it has no effect on the national market.
- 1 branch
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- 0 branch
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- 0 branch
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but
score: 1
Marijuana should be available to relieve severe pain and suffering.
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because
score: 0
Congress has the power to regulate activities that affect interstate commerce.
sources:
NLRB v. Jones & Laughlin Steel Corp (1937)
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however
score: 1
The court's definition of economic activity for purposes of Commerce Clause puts all productive human activity under threat.
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but
score: 1
California's experiment with the Compassionate Use Act experiment with medical marijuana should be protected.
sources:
New State Ice Co. v. Liebmann (1932)
- 1 branch
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- 3 branch
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Neutral support and objection rate.
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