POSC150 Lecture Notes - Lecture 17: Controlled Substances Act, Commerce Clause, Rulemaking
1 Jul 2016
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Federal law: controlled substances act 1970. Governs all drugs except for tobacco and alcohol. Potential for abuse: schedule 1 drugs are much more restricted than schedule 5 drugs. Schedule 2-5- has some sort of medical purpose. 10th amendment: unless the constitution this particular power belongs to the federal government then it belongs to the state. Commerce clause in enumerated powers: to regulate commerce with foreign nations and among the several states, and with the indian tribes. Doctors gave her a prescription for medical marijuana. Medical marijuana was legal under california law. Federal government raider her home, and destroyed her marijuana in front of her: is this allowed. Regulation is squarely within congress" commerce power doesn"t say that the federal government has doesn"t say that the states laws are constitutional. The american public: public support and american democracy. Support is not evenly distributed among populations.
