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To: born2bfree

Prop 19 is potentially even more interesting, because it permits cultivation of small amounts (25 square feet) in your own garden.

The Raich case dealt with co-ops, but if you’re growing your own, it’s a lot harder to make the case that it involves any sort of commerce (much less interstate commerce).


21 posted on 10/17/2010 9:23:30 PM PDT by bornred
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To: bornred
but if you’re growing your own, it’s a lot harder to make the case that it involves any sort of commerce (much less interstate commerce).

It most certainly IS interstate commerce, because you are using home grown to replace what would have otherwise been purchased, thus adversely affecting interstate dealers' sales.

Hey, that argument worked in front of the SCOTUS for home grown wheat used exclusively for personal use, in "violation" of Ag Dept Marketing Orders. Look up Wickard vs. Filburn, 317 U.S. 111 (decided in 1942) and weep.

For an update, look up Blattner.

25 posted on 10/17/2010 9:46:33 PM PDT by ApplegateRanch (Islam: A Satanically Transmitted Disease spread by unprotected intimate contact with the Koranus)
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