It seems to have germinated here---
During the American Great Depression, the Agricultural Adjustment Act of 1938 imposed quotas on crops including wheat. The farmer Roscoe Filburn produced wheat in excess of the quota, but said the excess wheat was for his own personal consumption and therefore had no effect on interstate commerce. The Court ruled that a farmer's growing "his own wheat" is "commerce" because if he had not grown and consumed it, he would have had to buy it from someone. Hence, in the aggregate, if farmers were allowed to consume their own wheat it would affect the interstate market in wheat. This case marked what may be the high water mark of the commerce power. For sixty yearsuntil the Lopez decisionthe Supreme Court struck down no law as exceeding the power of Congress under the Commerce Clause.
But I was referring to---
Gonzales v. Raich (previously Ashcroft v. Raich), 545 U.S. 1 (2005), was a case in which the United States Supreme Court ruled on June 6, 2005 that under the Commerce Clause of the United States Constitution which allows the United States Congress "To regulate Commerce ... among the several States," Congress may ban the use of marijuana even where states approve its use for medicinal purposes.
---thanks--good history. I am under the impression that the legislation and subsequent litigation over the creation of the Interstate Commerce Commission was the predecessor of what you speak--