CANNAConsumer Magazine August 2017 | Page 65

CannaConsumer Magazine

plants is a tiny grow for indoors or mixed light. Many cultivation facilities grow over 1,000 plants at a time and over five years that number is easy to attain. In states where schemes are on the books to control a cannabis industry, those stepping up to identify themselves could have their information sought after by a Federal Court order as a precursor to Federal enforcement. There are several state Attorney Generals that have come out publically against any attempts by Federal authorities to go after persons lawfully operating under state cannabis legal schemes. How this might work out is unknown, but it could get very interesting.

In 2005, the Supreme Court Of The United States decided the Raich v Gonzalez case in favor of the Federal government’s authority to control even non commercial, intrastate cannabis activities. Notable, was the absence of any help for Angel Raich and Diane Monson from the Attorney General of California. The court reached back to a New Deal case from the early 1940’s involving wheat being privately grown for a farmers personal use. The court found enough similarities to uphold present Federal authority under the Commerce Clause and the Necessary and Proper Clause. However, the scathing dissent of Justice Thomas may well lay the groundwork for halting the expansion of Federal Commerce authority in the drug war.

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