Wheat vs. Cannabis

Kris: I don't disagree with you that Raich has built on the unfortunate decision in Wickard, but I think it *does* matter that the substance in question here was medicinal marijuana (type I controlled substance) instead of wheat. Marijuana carries a long history of law both state and federal against it and wheat does not. One could say that Stephens took a "text and tradition" tact in Raich and barely needed Wickard to expand the reach of the commerce clause. In either case, while I would be in favor of decriminilizing marijuana for any recreational use, I agree with JB that it is disingenuous for the supporters of legalized pot to use the medicinal marijuana case as a stepping stone to achieving their goals. There's a fine argument to be made to decriminilize pot and allow purely recreational use--there's no need to conflate that argument with one that deals with an evolving understanding of marijuana's possible medicinal uses. My fear is that such a strategy encourages sloppy science.