Courtesy of CannaLaw Blog

#cannabisindustry – “In Fry v. United States (421 U.S. 542 (1975)), the Supreme Court held that “even activity that is purely intrastate in character may be regulated by Congress, where the activity affects commerce among the States or with foreign nations.” This is very broad language that can cover just about any activity. Moreover, Congress does not “need make particularized findings” on whether an activity affects interstate commerce. Perez v. United States (402 U.S. 146 (1971)). This is an elegant way of saying that Congress does not need to look at facts when it decides that, yes, something has an impact on interstate commerce.

The fact that the Framers of the Constitution gave Congress the power to regulate interstate commerce makes it clear that they understood the issues raised by the movement of goods across state borders. It is reasonable to assume that they also knew that purely intrastate activities could have an impact on interstate commerce, yet the power given to Congress remained linguistically narrow. If the Framers wanted to give Congress the power to regulate activities that “affect” interstate commerce, they could have made that clear in the Constitution. Yet they chose not to. Later moves to expand federal power appear cynical in this context.”