Re the commerce clause covers [intra-state marijuana production, distribution, and use].
Sure. As I recall the court's main reasoning was that as a fungible commodity, there is no such thing as purely "intra-state pot". That's sensible. For example, suppose that 19 had passed and everyone played by the rules: lots and lots of marijuana were produced and consumed strictly within California. That will nevertheless have enormous impact on inter-state price, production, and distribution patterns throughout the US for a substance in whose trade Congress asserts there is a strong public regulatory interest.
That decision did not overturn California's medical marijuana laws. Those are still operative. They are the authority by which, for example, dispensaries are owned and operated that do not violate any California laws.
From time to time the federal government does take action against the medical marijuana industry but, mostly they leave it alone. One suspect that part of the reason for that is because the last time they cracked down heavily, they gave rise to medical marijuana laws like California's. The original distribution co-ops / businesses were not authorized under state law. They were in defiance of both state and federal law. They largely arose out of the AIDS crisis after it was realized that marijuana had both palliative and therapeutic benefits for many patients (with no lawful substitute coming even close). The feds tried hard to shut down those scoff-laws and parts of state law enforcement helped. In response, first many other wholly unlawful medical distribution efforts sprung up (like mushrooms overnight). Second, the state-level medical marijuana law went on the ballot and won soundly.
Sure. As I recall the court's main reasoning was that as a fungible commodity, there is no such thing as purely "intra-state pot". That's sensible. For example, suppose that 19 had passed and everyone played by the rules: lots and lots of marijuana were produced and consumed strictly within California. That will nevertheless have enormous impact on inter-state price, production, and distribution patterns throughout the US for a substance in whose trade Congress asserts there is a strong public regulatory interest.
That decision did not overturn California's medical marijuana laws. Those are still operative. They are the authority by which, for example, dispensaries are owned and operated that do not violate any California laws.
From time to time the federal government does take action against the medical marijuana industry but, mostly they leave it alone. One suspect that part of the reason for that is because the last time they cracked down heavily, they gave rise to medical marijuana laws like California's. The original distribution co-ops / businesses were not authorized under state law. They were in defiance of both state and federal law. They largely arose out of the AIDS crisis after it was realized that marijuana had both palliative and therapeutic benefits for many patients (with no lawful substitute coming even close). The feds tried hard to shut down those scoff-laws and parts of state law enforcement helped. In response, first many other wholly unlawful medical distribution efforts sprung up (like mushrooms overnight). Second, the state-level medical marijuana law went on the ballot and won soundly.
The feds toned it down rather a lot, after that.