Let's be clear from the start, rb22982, I don't believe everything the feds do in the WOD is constitutional. I believe that real conservatives would be as strongly against any unconstitutional actions in regards the WOD as they would be if the issue was gun control. But the unconstitutionality of some laws doesn't mean that all laws against drugs are unconstitutional.
That said, your claim that the feds have banned intrastate commerce in drugs is demonstrably false. If you think that I'm wrong, then show me one law on the books that says they have claimed jurisdiction over intrastate commerce in drugs, either explicitly or implicitly. However, I can understand how some of the things they do can make it look that way. To understand this, let's take a closer look at just what interstate commerce includes.
If you drive from your home in Greensboro to a FReep in Washington, DC and you happen to be carrying your stash, are you engaged in interstate commerce? No of course not. While you where involved in interstate travel, you were only carrying your own stash and were therefore not engaged in commerce.
Now what about the case where your "stash" weighs 500 pounds?(!) Now can you be considered to be engaged in interstate commerce? You bet! You've crossed state lines with a quantity of dope that has only one reasonable (the standard by which an arrest is effected) explanation and that is that you did for purposes of commerce.
Let's look at examples that don't cross state lines.
The California Highway Patrol are tipped by a "reliable informant" that a tractor-trailer rig at a truck stop along I-5 in Redding, CA is carrying 20,000 pounds of weed. After they search the truck and find the dope, they note that the truck is registered and licensed in CA and that the drivers residence and license are in CA. Is this an issue involving interstate commerce? At first glance you may not think so. After all, we have no evidence that the truck ever crossed state lines with the load. And both the truck and the driver are registered and licensed in CA. But for so large a load, there is no other rational explanation but that at least some portion of the load is destined for points outside CA. Therefore, this is an issue involving interstate commerce, even though the truck has not yet crossed state lines.
Thus either dope growing or dope distribution, even though it has not yet crossed state lines can still legitimately fall under the interstate commerce clause simply because of the quantity involved (among other reasons).
rb22982 asks: "Why do you think they keep going into California Medical Marijuana facilities"
In the case of raids that are exclusively a DEA operation and the charges filed are federal, we are talking about major quantities of dope being grown or distributed and where a reasonable presumption can then be made that this size crop/distribution will include interstate trafficking.
rb22982 asks: "A state-regulated drug operation...would be too much for the federal government to ignore."
Yes and for very good reason. Suppose that pursuant to the passage of that NV proposition, that a small mom and pop store in tiny little town in the middle of the state had half a pound of dope on hand for sale under the state plan to just a few locals. Could the feds raid this place under the theory of interstate commerce? After all, they only have 1/2 a pound and in the middle of the state, they can't be said to aiming their sales at out-of-staters. Yup, you bet they can, because the states sanctioning of the marijuana enterprise makes the entire enterprise, one single gigantic operation of which mom and pop are but one tiny outlet. And that big an operation can not help but to include interstate commerce. There's your nexus to the interstate commerce clause.
It's 4:00am and I'm getting pooped and I've got still got some work to finish up. Catch you on the net tomorrow.
--Boot
Yes and for very good reason. Suppose that pursuant to the passage of that NV proposition, that a small mom and pop store in tiny little town in the middle of the state had half a pound of dope on hand for sale under the state plan to just a few locals. Could the feds raid this place under the theory of interstate commerce? After all, they only have 1/2 a pound and in the middle of the state, they can't be said to aiming their sales at out-of-staters. Yup, you bet they can, because the states sanctioning of the marijuana enterprise makes the entire enterprise, one single gigantic operation of which mom and pop are but one tiny outlet. And that big an operation can not help but to include interstate commerce. There's your nexus to the interstate commerce clause.
..Throws out the necessity for the 18th and 21st amendment.
I'll find intrastate ban on marijuana for feds law soon and post it here later.
Feds not only ban the commerce of it, but also the substance itself is illegal to possess.