Question

Jake owns Delta Dew, a small local California marijuana producer and dispensary. Jake complies with all applicable state laws and is licensed in California to produce and dispense marijuana. Jake is sued by the federal government for violation of the federal Controlled Substances Act, which makes it illegal to produce and sell marijuana. In defense of the lawsuit and prosecution, Jake's best argument is:

Answer 1

Answer: C.The federal Commerce Clause only allows regulation of intrastate commerce, not interstate commerce.

Explanation:

The options are:

A.The federal Congress lacks in personam jurisdiction.

B.The federal Congress has exceeded its constitutional authority to regulate interstate commerce.

C.The federal Commerce Clause only allows regulation of intrastate commerce, not interstate commerce.

D.The application of this statute violates state law, so it is unconstitutional.

Based on the scenario in the question, in defense of the lawsuit and prosecution, Jake's best argument is that the federal Commerce Clause only allows regulation of intrastate commerce, not interstate commerce.

This is an example of intrastate commerce which should typically be left for the state government to handle as the state shouldn't be deprived of its function even though in certain rare cases, the Federal government may interfere.