Enlighten me please.
What is the raich decision?
It would seem then that the suit can be brought and then decided based on the decision you cited at the lower court level and certainly at the appellate level.
Raich was the case that decided fedgov has power under the Commerce Clause to regulate intrastate medical mj that is neither sold, nor crosses state lines. Thomas, O’Connor, and Renquist were in the minority on the side of the states.
Scalia the Elastic joined the liberals on the court to expand the reach and power of fedgov.
https://www.law.cornell.edu/supct/html/03-1454.ZS.html/