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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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To: ApplegateRanch
But wheat was a legal item already. If somebody starts growing and smoking dope the day after Prop 19 passes, the net impact to commerce is zero. He didn't buy it last week and he isn't buying it this week.

Of course there's no guarantee that any of this will fly, but it would be good to have the libs fighting commerce clause overreach for once. And getting high is way too near and dear to their hearts for them to just drop the matter - this one is personal.

28 posted on 10/17/2010 9:55:27 PM PDT by bornred
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To: ApplegateRanch

Re Wickard vs. Filburn........

Different from prop 19 in that the “personal use” amount produced, exceeded the total allowed amount.


31 posted on 10/17/2010 10:03:55 PM PDT by moehoward
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