There is no Constitutional argument for federal involvement in within-state marijuana policy.
There is for a Sched II Narcotic. A big leap to remove in USC. Cannabis/Marijuana THC is a Sched. II agent. Every physician knows this. Prescribe Marinol— legal prescription THC per ora with a specific indication.
Clinicians know this, as do the “industry”. Nice argument though. Govt. by regulation is what is had— and the subject of massive amounts of money from illegal trade. See: Cartels,oh and fentanyl laced weed, fentanyl from Chi-Coms (not the usual way through anaesthesiology applications)- thus it is a natsec issue. Narcoterror. remember them? Dey still out dere, making life pleasant and supporting the “defund” initiatives.
And, there most certainly is a precendent legal Constitutional argument. Very different from any 10th Amendment argument. Federalist decisions. Got no problem with CBD and the legitimate use for clinically indicated uses. Zero THC. And don’t get started on pharmacology- no time. Have another stiff for COD.