In 2025 Nebraska and Kansas legalized marijuana for recreational use. This left Idaho as the only state in the Union where marijuana is not legal for medicinal or recreational use and thus the only State across which marijuana cannot be transported. Two of the three largest producers of marijuana in the nation, in Washington and Oregon, are forced to transport their product by land around Idaho to compete with producers in Colorado, the last of the three largest producers of marijuana.

If marijuana growers in Washington and Oregon file suit against Idaho for a violation of the dormant commerce clause, will they succeed and why? (Assume Federal marijuana laws have no effect on the issue)