In 1996 California legalized the medical use of marijuana, even though it was still illegal under federal law. Californians Ange
l Raich and Diane Monson used medical marijuana that they grew on their own property. When federal agents destroyed their plants, Monson and Raich sued, claiming, among other things, that the Commerce Clause did not permit the federal government to regulate activities that took place in their back yards and homes. The federal government argued that since consuming locally-grown marijuana for medical purposes affects the interstate market for marijuana, the federal government may regulate—and prohibit—such consumption. Whose argument should prevail?
The medical marijuana of Angel Raich and Diane Monson really affects the interstate marijuana market and interferes with government control of that product. In this case, the federal government has the authority to regulate and prohibit the consumption and sale of this product. In this case, the action of justice in destroying the factories of Angel and Diane was correct, and it is not up to them to open a case in their defenses.
Answer: Holmes wrote: The most stringent protection of free speech would not protect a man falsely shouting fire in a theatre and causing a panic. Found: google
