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AI?he issue is if the Controlled Substances Act can ban Molly Migraine from growing and using marijuana on her farm in California. The question is
AI?he issue is if the Controlled Substances Act can ban Molly Migraine from growing and using marijuana on her farm in California. The question is if Congress has the power to regulate Molly's activities under its power/authority to manage trade between states. The Commerce Clause gives Congress the authority/[power to regulate trade between states. The Necessary and Proper Clause allows congress to use any reasonable method to exercise its powers unless it partakes in dishonest behavior . This means that congress can regulate such activities if they greatly impact interstate commerce. Molly Migraine will argue that the Controlled Substance Act shouldn't apply to her because she grows marijuana only for her own medical use on her property in California and it doesn't leave the state. She'll say her activities don't affect other states and should be regulated by state law, not federal law. She'll also argue that if Congress can control her local actions, it can control almost anything. This goes against the Constitution's design and purpose to limit federal power. The government will argue that the Controlled Substance Act needs to cover local activities like Migraine's to effectively regulate the national drug market. Even if her actions alone have a small impact, the combined effect of many local growers can significantly affect interstate supply and demand. They'll also say that they can't just trust every local grower's claim of personal use because it would make it
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