This whole business of the Feds controlling marijuana is idiotic. Can anyone tell me how, for example, someone growing pot in Santa Cruz, California for use (or sale) in Santa Cruz, California is a concern for the Federal government. To see the idiocy, forget that it's marijuna and pretend it's strawberries.
Oh, I remember why my analogy doesn't work. We don't need to protect our white women from negro jazz musicians hopped up on strawberries.
/S
Don't know about strawberries, but the federal government can and does regulate homegrown personal use wheat and it was upheld by the Roosevelt Supreme Court as affecting interstate commerce because you wouldn't be buying the name brand at the grocery.
Here is the flaw of logic: The Constitution gave Congress the power to regulate interstate commerce, not things that affect interstate commerce. In theory, Congress could tell you which brand of wheat to buy at the store because your personal choice affects interstate commerce. Welcome to democracy. All your "rights" are subject to vote.
Apparently during the Depression, the court ruled that Congress could pass laws regulating wheat grown on farms, for a farmer's own use. It was argued that even when wheat was grown for personnal use,it could affect the price on the interstate market and therefore the Commerce Clause applied.
OK. If Congress is regulating the interstate commerce of strawberries, and you (and millions of others) are growing your own, you're having a substantial effect on that regulated interstate commerce, aren't you?
Do you think the Founding Fathers intended that citizens be allowed to undermine and subvert Congressional regulatory efforts? If so, then why did they give Congress the power to regulate interstate commerce to begin with?
(Food, in general, is a bad example. There's some "sustenance" protection under the law to grow what you want. No, dope isn't sustenance.)