Question

did gonzales vs raich impact on states legalizing marijuana?

Answer 1

Raich's actions of growing marijuana for home use are not properly categorized as "trade." This is because the marijuana in question has never been bought or sold, has never crossed state lines, and has not had any demonstrable effect on the marijuana market at national level. Even with the Necessary and Proper Clause amplified, that power has limits. Congress has failed to demonstrate that medical marijuana regulation is necessary to combat interstate drug trafficking, as a result of which their actions violate the Tenth Amendment.

The majority decision ignores the rights of states and the questions of federalism. The decision risks opening the door to Congress to incorrectly regulate intrastate activity that is deemed essential for interstate trade. The authority of Congress to control activities which have a "substantial effect" on interstate trade derives from the Commerce Clause and the Necessary and Proper Clause. The Necessary and Proper Clause requires Congress to do what it deems necessary to attain its regulatory goals. Furthermore, the power of Congress under the Necessary and Proper Clause is far-reaching since Congress can regulate even those intrastate activities which have no substantial effect on interstate trade.