Thursday, November 21, 2019
The conduct of the DEA was an unconstitutional exercise of Congress' Case Study
The conduct of the DEA was an unconstitutional exercise of Congress' Commerce Clause authority - Case Study Example (Rule) The term commerce as used in the Constitution means business or commercial exchanges in any and all of its forms between citizens of different states, including purely social communications between citizens of different states by telegraph, telephone, or radio, and the mere passage of persons from one state to another for either business or pleasure. Intrastate, or domestic, commerce is trade that occurs solely within the geographic borders of one state. As it does not move across state lines, intrastate commerce is subject to the exclusive control of the state. (Rule) (Application) Here, Jones' list of activities, to wit the intrastate, noncommercial cultivation, possession and use of marijuana for personal medical purposes on the advice of a physician is, in fact, different in kind from drug trafficking. Moreover, this limited use is clearly distinct from the broader illicit drug market insofar as the growing of marijuana at issue in this case is not intended for, nor does it enter, the stream of commerce.