Clause schmause. The point is the FDA will NOT stay out of it. If you believe the clause gives FDA it’s existence— think again— numerous examples that it doesn’t. FDA can do what it wants— especially under obamacare.
My people already fought, died for and lost the State’s Rights war. Because States Rights was defeated is the unfortunate reality of why the Feds will not stay out of this,and in so many areas— as totalitarianism is wont to do.
Been there, done that-lost our holdings— and have a much better understanding of what State’s Rights means, such that my middle name ain’t never going to be changed. Deo Vindice.
Read and learn, Mr. Wickard...
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FDA USING ‘INTERSTATE COMMERCE’ TO REGULATE YOUR STEM CELLS AS A ‘DRUG
Since the stem cells are, as it says in FDA’s statement above, being used as a treatment, they are subject to regulation. ANH states that the FDA claims the authority to regulate because of interstate commerce:
"The clinic is engaging in interstate commerce and is therefore subject to FDA regulation because any part of the machine or procedure that originates outside Colorado becomes interstate commerce once it enters the state. Moreover, interstate commerce is substantially affected because individuals traveling to Colorado to have the Regenexx procedure would “depress the market for out-of-state drugs that are approved by FDA.”
In its call for a summary judgement, the FDA expounds upon how under the Federal Food, Drug, and Cosmetic Act (FDCA) and the Commerce Clause it should be able to exert its regulatory authority over Centeno-Schultz’s procedure, which ANH reports it has been battling on this issue for several years. Here are a few snippets of the FDA’s argument from the case documents:
"As we show below, the FDCA contains no “practice of medicine” exception that excuses Defendants’ conduct, and FDA’s exercise of jurisdiction over Defendants’ conduct is a permissible exercise of federal power under the Commerce Clause. Defendants’ remaining arguments are likewise without merit.
http://www.theblaze.com/stories/fda-using-interstate-commerce-to-regulate-your-stem-cells-as-a-drug/
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Now, suppose you tell us which section of the Constitution you personally believe delegates authority over intrastate marijuana policies to fedgov.