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Industrial Marijuana Farming Approved In Oakland
Trintech writes "According to MSNBC: 'The city of Oakland, California on Tuesday legalized large-scale marijuana cultivation for medical use and will issue up to four permits for "industrial" cultivation starting next year.
The move by the San Francisco Bay Area city aims to bring medical marijuana cultivation into the open and allow the city to profit by taxing those who grow it.
The resolution passed the city council easily after a nearly four-hour debate that pitted small-scale "garden" growers against advocates of a bigger, industrial system that would become a "Silicon Valley" of pot.' Yes, you read that right. MSNBC just compared computer chip fabrication to pot cultivation."
That doesn't matter according to the current interpretation of the interstate commerce clause.
The production and sale of pot in California affects the supply and demand within the state, and therefore affects the interstate illegal trade of pot.
It is the same reason that the interstate commerce clause can be used to jail you for building your own automatic weapon. Because by building it yourself, you didn't buy it from a hypothetical supplier that may have been in another state.
Insane? Absolutely. But that is how things work these days.
but interstate commerce is domain of the federal government. Pot growing and sale is interstate commerce even if it doesn't leave the state it was grown in. Gonzalez v. Raich, 545 U.S. 1 (2005). An enumerated right does not mean that what is being regulated is specifically stated in the Constitution. That is, you cannot say that the federal government cannot regulate drugs, because it does not specifically say they can regulate drugs in the Constitution.